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

Nos. 91-2084, 91-2088.

19 F.3d 547 (1994)

Nancy ARMIJO, personal representative of the Estate of Luz Armijo, Deceased, Plaintiff-Appellant/Cross-Appellee, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

March 22, 1994.

Attorney(s) appearing for the Case

Chris Key, Albuquerque, NM, for plaintiff-appellant/cross-appellee, Nancy Armijo.

John S. Thal of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, NM (Timothy C. Holm of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, NM, with him on the brief), for defendant-appellee/cross-appellant.

Before SEYMOUR, Chief Judge, and HOLLOWAY and McWILLIAMS, Circuit Judges.

HOLLOWAY, Circuit Judge.

The plaintiff-appellant, Nancy Armijo (Armijo), brought this wrongful death diversity action as the personal representative of the estate of her husband, Luz Armijo, against the Atchison, Topeka, and Santa Fe Railway Company (Santa Fe). After a period of discovery, Santa Fe moved for a partial summary judgment on Armijo's claim that Santa Fe negligently failed to provide adequate warnings of the crossing at issue. Santa Fe argued there was...

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