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153532P.pdf   02/27/2017  Kelly Heim  v.  BNSF Railway Company
   U.S. Court of Appeals Case No:  15-3532
   U.S. District Court for the District of Nebraska - Omaha   
[PUBLISHED] [Melloy, Author, with Colloton and Shepherd, Circuit Judges] Civil case - Federal Railroad Safety Act. The district court correctly determined that plaintiff must show intentional retaliation in order to prevail on his claim that his discipline violated the employee-protections provisions of the Act, and it did not err in granting defendant's motion for summary judgment on the ground that plaintiff had failed to produce sufficient evidence of intentional retaliation. See Kuduk v. BNSF Railway Co., 768 F.3d 786 (8th Cir. 2014).