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ROBINSON v. MISSOURI PACIFIC R. CO.

Nos. 92-6099, 92-6112.

16 F.3d 1083 (1994)

Lewis R. ROBINSON, Nancy D. Robinson, Darwin T. Turnbull, III, as personal representatives of the Estate of Julia Ann Turnbull, deceased, an Oklahoma citizen, Plaintiffs-Appellees and Cross-Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY, doing business as Union Pacific Railroad Company, a Delaware Corporation, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

February 15, 1994.

Attorney(s) appearing for the Case

A. Camp Bonds, Jr. of Bonds, Matthews, Bonds & Hayes, Muskogee, Oklahoma (Tom R. Cornish of White, Coffey, Galt & Fite, Oklahoma City, Oklahoma, with him on the brief), for Defendant-Appellant/Cross-Appellee.

Jerry Kirksey of Jerry Kirksey & Associates, Edmond, Oklahoma and John E. Vitali of Hornbeek, Krahl & Vitali, Oklahoma City, Oklahoma, for Plaintiffs-Appellees/Cross-Appellants.

Before BALDOCK, BRIGHT, and McWILLIAMS, Circuit Judges.

BRIGHT, Senior Circuit Judge.

Julia Ann Turnbull, the driver of a 1979 Chevrolet Impala, and her infant son Darwin Turnbull IV, were killed when the Chevrolet collided with a Missouri Pacific ("MoPac") freight train at the gate- and light-protected McKennon Street crossing in Calera, Oklahoma. The respective personal representatives, Darwin Turnbull III for the mother and Lewis R. and Nancy D. Robinson for the infant ("the Turnbulls"), severally brought wrongful death...

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