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MISSOURI PACIFIC RAILROAD CO. v. ARKANSAS OAK FLOORING CO.

Nos. 19932, 19943.

434 F.2d 575 (1970)

MISSOURI PACIFIC RAILROAD COMPANY, Appellee, v. ARKANSAS OAK FLOORING COMPANY, Appellant. MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. ARKANSAS OAK FLOORING COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

November 12, 1970.

Attorney(s) appearing for the Case

W. A. Eldredge, Jr., Little Rock, Ark., for Missouri Pacific R. Co.

Robert S. Linsey, Little Rock, Ark., for Arkansas Oak Flooring Co.

Before VOGEL, GIBSON and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

In this diversity case governed by Arkansas law, we are called upon to revisit circumstances similar to those before this court in Anthony v. Louisiana & Arkansas Railway Company, 316 F.2d 858 (8th Cir.), cert. denied 375 U.S. 830, 84 S.Ct. 74, 11 L.Ed.2d 61 (1963). As in Anthony, a railroad brakeman riding outside a freight car on a spur track struck his head against a loading dock constructed and...

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