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GARFIELD v. KANSAS CITY SOUTHERN RY. CO.

No. 90-1261.

907 F.2d 841 (1990)

Travoris GARFIELD, a minor By and Through his natural parent and guardian, Emmit ELKINS and the First National Bank of Marshall as Guardian of the Estate of Travoris Garfield, a minor, Appellees, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 9, 1990.

Attorney(s) appearing for the Case

Rex M. Terry, Fort Smith, Ark., for appellant.

Jack Baldwin, Marshall, Tex., for appellees.

Before MAGILL and BEAM, Circuit Judges, and HEANEY, Senior Circuit Judge.

PER CURIAM.

Kansas City Southern Railway Company (KCS) appeals the final order of the district court1 dismissing Travoris Garfield's civil action without prejudice and taxing costs against Garfield pursuant to Federal Rule of Civil Procedure 41.

Garfield, a seven-year old boy, attempted to cross a railroad track owned by KCS in Ashdown, Arkansas, by crawling under a train standing on the track. While Garfield was under the train...

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