Presley v. Union Pacific Railroad Company, No. 6:2010cv00252 - Document 174 (E.D. Okla. 2014)

Court Description: OPINION AND ORDER by Magistrate Judge Steven P. Shreder denying 131 Motion for Summary Judgment (dma, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA BOBBY WAYNE PRESLEY, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. CIV-10-252-SPS OPINION AND ORDER DENYING DEFENDANT UNION PACIFIC RAILROAD COMPANY S MOTION FOR SUMMARY JUDGMENT Upon consideration of the Defendant s Motion for Summary Judgment [Docket No. 131], the Court finds genuine issues of material fact regarding the issue of liability. The existence of such fact questions preclude summary judgment, see Fed. R. Civ. P. 56(a) ( The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. ), and the Defendant s motion is accordingly hereby DENIED. DATED this 9th day of January, 2014.

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