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HEROLD v. BURLINGTON NORTHERN, INC.

Nos. 84-2094, 84-2115.

761 F.2d 1241 (1985)

Kenneth A. HEROLD and Janet Herold, Appellees, v. BURLINGTON NORTHERN, INC., a foreign corporation, Appellant. Kenneth A. HEROLD and Janet Herold, Appellants, v. BURLINGTON NORTHERN, INC., a foreign corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 2, 1985.

Rehearing and Rehearing Denied June 6, 1985.

Attorney(s) appearing for the Case

Frank Magill, Fargo, N.D., for appellant.

John C. Hoyt, Great Falls, Mont., for appellees.

Before LAY, Chief Judge, and JOHN R. GIBSON and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 6, 1985.

LAY, Chief Judge.

Kenneth and Janet Herold were injured when a Burlington Northern train hit their cattle truck as they crossed the railroad tracks adjacent to the Schnell Livestock Auction Market outside Dickinson, North Dakota on the afternoon of November 21, 1974. Kenneth Herold was driving the truck. He was rendered a spastic quadriplegic and suffered brain damage. His wife, Janet, also was seriously...

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