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HEROLD v. BURLINGTON NORTHERN, INC.

No. 87-5076.

838 F.2d 296 (1988)

Janet HEROLD, Appellant, v. BURLINGTON NORTHERN, INC., a foreign corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 2, 1988.

Rehearing and Rehearing Denied March 15, 1988.

Attorney(s) appearing for the Case

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

Leo F.J. Wilking, Fargo, N.D., for appellee.

Before LAY, Chief Judge, McMILLIAN and ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 15, 1988.

PER CURIAM.

On November 21, 1974, Kenneth and Janet Herold were injured when a Burlington Northern train collided with their truck at a railroad crossing outside of Dickinson, North Dakota. Kenneth was severely injured and recovered a substantial jury verdict from Burlington Northern; Kenneth's judgment was affirmed on appeal. See Herold v. Burlington Northern, Inc., 761 F.2d 1241...

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