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NAT. R.R. PASSENGER CORP. v. KOCH INDUSTRIES, INC.

No. 79-2241.

701 F.2d 108 (1983)

NATIONAL RAILROAD PASSENGER CORPORATION, a foreign corporation, Plaintiff-Appellee, Helen McMaines, Intervening Plaintiff-Appellant, v. KOCH INDUSTRIES, INC., a corporation, Defendant-Appellant and Third Party Plaintiff-Appellant, v. ATCHISON-TOPEKA & SANTA FE RAILWAY COMPANY, Third Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 22, 1983.

Attorney(s) appearing for the Case

John T. Edwards of Monnet, Hayes, Bullis, Thompson & Edwards, Oklahoma City, Okl., for Koch Industries, Inc.

Frank A. Greer, Tulsa, Okl., for Helen McMaines.

Tom L. Armstrong of Dyer, Powers, Marsh, Turner & Armstrong, Tulsa, Okl., for Nat. R.R. Passenger Corp. and Atchison-Topeka & Santa Fe Ry. Co.

Before DOYLE, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

In this diversity action, defendant Koch Industries, Inc. and intervenor Helen McMaines appeal the district court's denial of their joint motion for a new trial on liability and damages and its grant of a motion for a new trial on damages only made by plaintiff National Railroad Passenger Corporation (Amtrak). By consent of the parties and as authorized by 28 U.S.C. § 636(b)(2) and local court rule, all proceedings at the district court...

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