Darrell L. Smeltzer v. Medtox Laboratories

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 06-3204
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Darrell L. Smeltzer; George R. *
Gutierrez, *
*
Plaintiffs-Appellants, *
*
Jon D. Watts, *
*
Plaintiff, *
* Appeal from the United States
v. * District Court for the District of
* Minnesota.
Medtox Laboratories, Inc., a *
Delaware corporation; Burlington * [UNPUBLISHED]
Northern Santa Fe Railroad *
Company, a Delaware corporation, *
*
Defendants-Appellees. *
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Submitted: May 18, 2007
Filed: June 13, 2007
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Before BYE, BEAM, and SMITH, Circuit Judges.
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PER CURIAM.
Darrell Smeltzer and George Gutierrez appeal the district court's1 adverse grant
of summary judgment in their negligence action brought against Medtox Laboratories,
Inc. and Burlington Northern Santa Fe Railroad Company. Having carefully reviewed
the record and the parties' submissions on appeal, we agree summary judgment was
proper for the reasons stated by the district court. See Sallis v. Univ. of Minn., 408
F.3d 470, 474 (8th Cir. 2005) (de novo review). Accordingly, we affirm. See 8th Cir.
R. 47B.
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1
The Honorable Richard H. Kyle, United States District Judge for the District
of Minnesota.
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