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DUNCAN v. UNION PACIFIC R. CO.

No. 900233.

842 P.2d 832 (1992)

Lewis DUNCAN, individually and as personal representative of the Estate of Patrick Duncan, deceased, et al., Plaintiffs and Petitioners, v. UNION PACIFIC RAILROAD COMPANY, a corporation; State of Utah; Paul Kleinman; and Does 1 through 100, inclusive, Defendants and Respondents.

Supreme Court of Utah.

Rehearing Denied December 24, 1992.

Attorney(s) appearing for the Case

Michael A. Katz, Salt Lake City, for Lewis Duncan and Patrick Duncan.

J. Clare Williams, Larry A. Gantenbein, Salt Lake City, for Union Pacific R.R.

Paul Kleinman, Stephen J. Sorenson, Craig L. Barlow, Allan L. Larson, Anne Swensen, Salt Lake City, for State of Utah.

HOWE, Associate Chief Justice:

We granted certiorari to review the court of appeals' decision which affirmed the trial court's grant of summary judgment in favor of all defendants. Duncan v. Union Pacific R.R., 790 P.2d 595 (Utah Ct.App. 1990).

A complete statement of the facts is contained in the court of appeals' opinion, and we will here briefly restate the most significant of them. On April 9, 1983, at about 8:50...

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