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MOORE v. ATCHISON, TOPEKA AND SANTA FE RY. CO.

No. 91-2318.

966 F.2d 351 (1992)

Jeffrey D. MOORE, Appellant, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; Burlington Northern Railroad Company; St. Joseph Belt Railroad Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 28, 1992.

Attorney(s) appearing for the Case

G. Spencer Miller, argued, Kansas City, Mo. (Richard F. Modin and Lynne J. Bratcher, on the brief), for appellant.

Roland Brook Miller, argued, Kansas City, Mo. (Jeffrey P. Ray, on the brief), for appellee Atchison, Topeka & Santa Fe Ry. Co.

Edward W. Mullen, Kansas City, Mo. (Russell C. Ashley, on the brief), for appellee Burlington Northern R. Co.

James Walter Erwin, St. Louis, Mo. (Jay M. Nadlman, North Kansas City, Mo., on the brief), for appellee St. Joseph Belt R. Co.

Before WOLLMAN and BEAM, Circuit Judges, and VAN SICKLE, Senior District Judge.

WOLLMAN, Circuit Judge.

Jeffrey D. Moore appeals from the district court's1 order granting summary judgment in favor of the defendant railroads. We affirm.

I.

On November 23, 1987, Moore was seriously injured when a Burlington Northern Railroad train struck his car at a railroad crossing in St. Joseph, Missouri. There are five sets of railroad tracks at this crossing; one owned by the Atchison, Topeka & Santa Fe,...

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