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NATIONAL STEEL SERVICE CENTER v. GIBBONS

Nos. 80-1410, 80-1452.

693 F.2d 817 (1982)

NATIONAL STEEL SERVICE CENTER, Appellee, v. William GIBBONS, Trustee of the Property of Chicago Rock Island and Pacific Railroad Company, Appellant-Movant. NATIONAL STEEL SERVICE CENTER, Appellant, v. William GIBBONS, Trustee of the Property of Chicago Rock Island and Pacific Railroad Company, Appellee-Movant.

United States Court of Appeals, Eighth Circuit.

Decided December 2, 1982.

Rehearing Denied December 28, 1982.

Attorney(s) appearing for the Case

Robins, Zelle, Larson & Kaplan, Robert M. Wattson, David E. Bland, John C. Hart, Minneapolis, Minn., Davis, Hockenberg, Wine, Brown & Koehn, John A. Templer, Jr., Des Moines, Iowa, for Nat. Steel Service Center.

O.L. Houts, Chicago, Ill., Bruce E. Johnson, Bennett A. Webster, Arthur E. Gamble, Michael R. Murphy, Gamble, Riepe, Burt, Webster & Davis, Des Moines, Iowa, for Gibbons.

Before GIBSON, Senior Circuit Judge, and HEANEY and ARNOLD, Circuit Judges.

HEANEY, Circuit Judge.

This is a civil action brought by National Steel Service Center, Inc., (National Steel) against William Gibbons, the bankruptcy trustee of the Chicago, Rock Island and Pacific Railroad Company (Rock Island) for damages resulting from a train accident on September 1, 1975. On that date, the Rock Island operated a train along its right-of-way which consisted in part of eleven tank cars loaded with propane gas. The train derailed and four tank...

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