United States Court of Appeals FOR THE EIGHTH CIRCUIT OOOOOOOOOOO

No. 08-2896 OOOOOOOOOOO

Michael E. McKinzy, Sr., * * Appellant, * * Appeal from the United States v. * District Court for the Western * District of Missouri Union Pacific Railroad Co., * * Appellee. * OOOOOOOOOOO

Submitted: April 14, 2009 Filed: June 15, 2009 OOOOOOOOOOO

Before LOKEN, Chief Judge, and COLLOTON, Circuit Judge, and ROSENBAUM,1 District Judge.

ROSENBAUM, District Judge

Michael E. McKinzy appeals the district court’s grant of summary judgment to the Union Pacific Railroad Company. For the reasons set forth in the order issued by the district court,2 we affirm. See 8th Cir. R. 47B. OOOOOOOOOOOOOOOOOOOOOOOOOOOO

1 The Honorable James M. Rosenbaum, United States District Judge for the District of Minnesota, sitting by designation. 2 The Honorable Greg Kays, United States District Court, Western District of Missouri.