LIONEL GARCON V. UNION PACIFIC RAILWAY COMPANY, No. 11-17764 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 13 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT No. 11-17764 LIONEL GARCON; MARIE C. GARCON, D.C. No. 2:10-cv-01006-GMS Plaintiffs - Appellants, MEMORANDUM* v. UNION PACIFIC RAILROAD COMPANY; ALBERTO HERNANDEZ, employee; TODD C. WALTERS, employee; LUIS DE LA CRUZ, employee, Defendants - Appellees. Appeal from the United States District Court for the District of Arizona G. Murray Snow, District Judge, Presiding Submitted August 11, 2014** San Francisco, California * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Before: SILVERMAN and CLIFTON, Circuit Judges, and WATSON, District Judge.*** For the reasons stated in the district court s order, we AFFIRM. *** The Honorable Derrick Kahala Watson, District Judge for the U.S. District Court for the District of Hawaii, sitting by designation. 2

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