United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 96-3391 ___________ Jerry A. Sabatka, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Nebraska.

Union Pacific Railroad Company; * J.B. Baird, * [UNPUBLISHED] * Appellees. * ___________ Submitted: May 23, 1997 Filed: June 4, 1997 ___________ Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges. ___________ PER CURIAM.

Jerry A. Sabatka appeals from the district court's1 dismissal of his diversity action against Union Pacific Railroad Company and its Director of Telecommunications.

Having reviewed the record and the parties' briefs, we conclude that the dismissal was correct, and that an extended discussion is not warranted. Accordingly, we affirm. See 8th Cir. R. 47B.

The Honorable William G. Cambridge, Chief Judge, United States District Court for the District of Nebraska. -2- A true copy.

Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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