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181251P.pdf   12/27/2019  Todd Smith-Bunge  v.  Wisconsin Central, Ltd.
   U.S. Court of Appeals Case No:  18-1251
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Benton, Author, with Smith, Chief Judge, and Gruender, Circuit Judge] Civil case - Federal Railroad Safety Act. The district court did not abuse its discretion in denying plaintiff's request for the information defendant's expert acquired in preparation for trial as the work was protected under Fed. R. Civ. P. 26(b)(4); nor did the court err in blocking a deposition of defendant's counsel as the test for deposing opposing counsel set out in Shelton v. American Motors Corp., 895 F. 2d (8th Cir. 1986) had not been met; plaintiff failed to make a prima facie of retaliation under the Federal Railroad Safety Act, and the district court did not err in granting defendant's motion for summary judgment