STATE OF S.D. v. KANSAS CITY SOUTHERN INDUSTRIES

Nos. 88-2158, 88-5375 and 88-5422.

880 F.2d 40 (1989)

STATE OF SOUTH DAKOTA, South Dakota Conservancy District, an Agency of the State of South Dakota, Appellee, v. KANSAS CITY SOUTHERN INDUSTRIES, INC., a Foreign Corporation; Kansas City Southern Railway Company, a Foreign Corporation, Appellants. STATE OF SOUTH DAKOTA, South Dakota Conservancy District, an Agency of the State of South Dakota, Appellants, v. KANSAS CITY SOUTHERN INDUSTRIES, INC., a Foreign Corporation; Kansas City Southern Railway Company, a Foreign Corporation, Appellees (Two Cases).

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1989.

As Amended on Denial of Rehearing and Rehearing August 8, 1989.


Attorney(s) appearing for the Case

John J. Shenefield, Washington, D.C., for appellant.

Glen H. Johnson, Rapid City, S.D. and Thomas J. Welk, Sioux Falls, S.D., for appellee.

Before LAY, Chief Judge, and HEANEY and FAGG, Circuit Judges.


As Amended on Denial of Rehearing and Rehearing En Banc August 8, 1989.

LAY, Chief Judge.

Kansas City Southern Industries and The Kansas City Southern Railway Company1 appeal a judgment in favor of the State of South Dakota and the South Dakota Conservancy District,2 of $600,000,000 which represents a trebled jury verdict of $200,000,000 based on a federal antitrust claim. KCS also appeals a verdict...

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