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MILLER v. UNION PACIFIC R. CO.

Nos. 87-1005, 87-1012.

900 F.2d 223 (1990)

Randall J. MILLER, Plaintiff-Appellee/Cross-Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 29, 1990.

Attorney(s) appearing for the Case

Charles D. McAtee of Eidson, Lewis, Porter & Haynes, Topeka, Kan., for defendant-appellant/cross-appellee.

Lee Turner (Lynn Hursh and Casey Law with him on the briefs) of Turner and Boisseau, Overland Park, Kan., for plaintiff-appellee/cross-appellant.

Before McKAY, LOGAN, and BALDOCK, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff Randall J. Miller is an employee of Agco, Inc., an agricultural grain storage company located in Russell, Kansas. He was injured while attempting to couple two loaded grain cars owned by defendant Union Pacific Railroad Co.

Miller brought a common law negligence action against Union Pacific in federal court under the diversity statute, 28 U.S.C. § 1332, alleging that his injury was caused by Union Pacific's negligent maintenance...

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