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OVERBROOK FARMERS UNION v. MISSOURI PACIFIC R.

Nos. 92-3138, 92-3165.

21 F.3d 360 (1994)

OVERBROOK FARMERS UNION COOPERATIVE ASSOCIATION, Plaintiff-Appellee and Cross-Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

March 31, 1994.

Attorney(s) appearing for the Case

Stephen C. Herman (Thomas F. McFarland, Jr. with him on the brief), of Belnap, Spencer, McFarland & Herman, Chicago, IL, for plaintiff-appellee and cross-appellant.

Arvid E. Roach, II (Thomas H. Odom and John Jenab with him on the brief), of Covington & Burling, Washington, DC (Joseph D. Anthofer, Union Pacific R. Co., Omaha, NE, Michael B. Buser, of Shook, Hardy & Bacon, Overland Park, KS, with him on the brief), for defendant-appellant and cross-appellee.

Before TACHA, GOODWIN and BRORBY, Circuit Judges.

GOODWIN, Circuit Judge.

Missouri Pacific Railroad Co. appeals a judgment which included one million dollars in punitive damages to Overbrook Farmers Union Cooperative Association. Overbrook cross appeals, asserting errors in limiting punitive damages to one million dollars and in other rulings.

Missouri Pacific owns and operates railroad lines subject to Interstate Commerce Commission ("ICC") jurisdiction, including the 40.1 mile Topeka Branch which serves...

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