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VANSKIKE v. ACF INDUSTRIES, INC.

Nos. 80-1717 to 80-1721.

665 F.2d 188 (1981)

Warren VANSKIKE and Lucille Vanskike, his wife, Appellees, v. ACF INDUSTRIES, INCORPORATED f/k/a The American Car and Foundry Company, a corporation, Appellant. Union Pacific Railroad Company, a corporation, and St. Louis-San Francisco Railroad Company, a corporation. Warren VANSKIKE and Lucille Vanskike, his wife, Appellees, v. ACF INDUSTRIES, INCORPORATED f/k/a The American Car and Foundry Company, a corporation, Union Pacific Railroad Company, a corporation, Appellant. St. Louis-San Francisco Railroad Company, a corporation. Warren VANSKIKE and Lucille Vanskike, his wife, Appellees, v. ACF INDUSTRIES, INCORPORATED f/k/a The American Car and Foundry Company, a corporation, Union Pacific Railroad Company, a corporation, St. Louis-San Francisco Railroad Company, a corporation, Appellant. Warren VANSKIKE, Appellant, Lucille Vanskike, v. ACF INDUSTRIES, INCORPORATED f/k/a The American Car and Foundry Company, a corporation, Appellee. Union Pacific Railroad Company, a corporation, and St. Louis-San Francisco Railroad Company, a corporation. Warren VANSKIKE, Lucille Vanskike, Appellant, v. ACF INDUSTRIES, INCORPORATED f/k/a The American Car and Foundry Company, a corporation, Appellee. Union Pacific Railroad Company, a corporation, and St. Louis-San Francisco Railroad Company, a corporation.

United States Court of Appeals, Eighth Circuit.

Decided November 9, 1981.

Rehearing Denied December 10, 1981.

Certiorari Denied March 8, 1982.

Attorney(s) appearing for the Case

James F. Duncan, argued, William T. Smith, III, A. Mary Sterling, Kansas City, Mo., for appellant Union Pacific Railroad Co.

John W. Cowden, argued, Karl F. Schmidt, Mark E. Johnson, Theresa L. F. Levings, Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, Mo., for ACF Industries.

Glenn A. Burkart, argued, Mann, Walter, Burkart, Weathers & Walter, Springfield, Mo., for appellant St. Louis-San Francisco Railway Co.

Thomas Strong, Mathew W. Placzek, Strong & Placzek, P.C., Springfield, Mo., for appellees and appellants, Warren Vanskike and Lucille Vanskike; Watson, Ess, Marshall & Enggas, Kansas City, Mo., of counsel.

Before HEANEY, STEPHENSON and McMILLIAN, Circuit Judges.

Certiorari Denied March 8, 1982. See 102 S.Ct. 1632.

McMILLIAN, Circuit Judge.

Defendants ACF Industries, Inc. (ACF), Union Pacific Railroad Co. (Union Pacific) and St. Louis-San Francisco Railway Co. (Frisco) appeal from judgments1 totalling $904,000 against them in a strict liability case involving a trailer hitch. Plaintiffs Warren and Lucille Vanskike cross-appeal the directed verdict denying as a matter of law their claims...

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