TINNON v. BURLINGTON NORTHERN R. CO.

No. 89-1403.

898 F.2d 1340 (1990)

Carl W. TINNON and Lola Tinnon, Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellee, Bituminous Fire & Marine Ins. Co., Stor-All Manufacturing Co., Intervenors Below-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 23, 1990.

Rehearing and Rehearing Denied May 11, 1990.


Attorney(s) appearing for the Case

Noyl Houston, Jonesboro, Ark., for appellant Carl W. Tinnon.

David N. Laser of Jonesboro, Ark., for intervenor/appellant Bituminous Fire & Marine Ins. Co.

John C. Deacon of Jonesboro, Ark., for appellee.

Before BOWMAN, WOLLMAN and BEAM, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 11, 1990.

BEAM, Circuit Judge.

Carl W. Tinnon, Lola Tinnon, Bituminous Fire & Marine Insurance Company and Stor-All Manufacturing Company (the appellants) appeal a district court1 order which denied their motion for a new trial after a jury returned a verdict for Burlington Northern. The appellants asked for a new trial because they claim that a jury instruction improperly omitted...

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