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Nebraska Supreme Court Advance Sheets

306 Nebraska Reports

LANHAM v. BNSF RAILWAY CO.

Cite as 306 Neb. 124

Alexander Lanham, appellant and 

cross-appellee, v. BNSF Railway 

Company, appellee and 

cross-appellant.

___ N.W.2d ___

Filed June 12, 2020. No. S-19-114.

supplemental opinion

Appeal from the District Court for Lancaster County: 

Robert R. Otte, Judge. Former opinion modified. Motion for 

rehearing overruled.

Corey L. Stull and Jeanette Stull, of Atwood, Holsten, 

Brown, Deaver & Spier, P.C., L.L.O., and Christopher H. 

Leach, of Hubbell Law Firm, L.L.C., for appellant.

Nichole S. Bogen, of Lamson, Dugan & Murray, L.L.P., 

Wayne L. Robbins, Jr., of Robbins Travis, P.L.L.C., and 

Andrew S. Tulumello, of Gibson, Dunn & Crutcher, L.L.P., 

for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, 

Papik, and Freudenberg, JJ.

Per Curiam.

This case is before us on a motion for rehearing filed by 

the appellant and cross-appellee, Alexander Lanham, concerning our opinion in Lanham v. BNSF Railway Co. 1 While 

1 Lanham v. BNSF Railway Co., 305 Neb. 124, 939 N.W.2d 363 (2020).

Nebraska Supreme Court Online Library

www.nebraska.gov/apps-courts-epub/

08/28/2020 01:08 AM CDT
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Nebraska Supreme Court Advance Sheets

306 Nebraska Reports

LANHAM v. BNSF RAILWAY CO.

Cite as 306 Neb. 124

there is no substantive merit to the motion, Lanham correctly 

points out that a statutory citation, also used by the district 

court, addressed nonprofit corporations rather than for-profit 

corporations such as BNSF Railway Company. This had no 

effect upon the outcome of the appeal, as the two statutes 

are substantially identical. We overrule the motion, but we 

modify the original opinion to substitute the correct citation 

as follows:

In syllabus point 11, 2 we withdraw the reference to “Neb. 

Rev. Stat. § 21-19,152 (Reissue 2012)” and substitute “Neb. 

Rev. Stat. § 21-2,209 (Cum. Supp. 2018).”

We make two changes in the background section. We withdraw the phrase “Pursuant to Neb. Rev. Stat. § 21-19,152 

(Reissue 2012),” in the fourth sentence of the third paragraph. 3

In the first sentence of the fifth paragraph, we add “Neb. 

Rev. Stat.” before “§ 21-19,152” and “(Reissue 2012)” after 

the statute. 4

We also modify the analysis section in five respects 

under the subheading “Consent by Registration.” In the 

eighth paragraph, 5 after the first sentence, we add “Because 

§ 21-19,152 applies to nonprofit corporations, the district court 

should have cited to Neb. Rev. Stat. § 21-2,209 (Cum. Supp. 

2018), a nearly identical statute applicable to for-profit corporations like BNSF.” We withdraw the ninth paragraph 6 and 

substitute:

Section 21-2,209 provides:

. . . Each foreign corporation authorized to transact business in this state must continuously maintain in 

this state:

2 Id. at 125, 939 N.W.2d at 363.

3 Id. at 126, 939 N.W.2d at 366.

4 Id. at 127, 939 N.W.2d at 366.

5 Id. at 133, 939 N.W.2d at 370.

6 Id. at 133-34, 939 N.W.2d at 370.
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Nebraska Supreme Court Advance Sheets

306 Nebraska Reports

LANHAM v. BNSF RAILWAY CO.

Cite as 306 Neb. 124

(1) A registered office that may be the same as any of 

its places of business; and

(2) A registered agent, who may be:

(i) An individual who resides in this state and whose 

business office is identical with the registered office;

(ii) A domestic corporation or not-for-profit domestic 

corporation whose business office is identical with the 

registered office; or

(iii) A foreign corporation or foreign not-for-profit corporation authorized to transact business in this state whose 

business office is identical with the registered office.

In the 10th paragraph, 7 we substitute “21-2,209” for “21-19,152” 

in the first and third sentences. Finally, in the second sentence of the last paragraph of the subsection, 8 we substitute 

“21-2,209” for “21-19,152.”

The remainder of the opinion shall remain unmodified.

Former opinion modified.

Motion for rehearing overruled.

7 Id. at 134, 939 N.W.2d at 370.

8 Id. at 135, 939 N.W.2d at 371.