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ST. LOUIS S.W. RY. CO. v. MALONE FREIGHT LINES, INC.

No. 94-1136.

39 F.3d 864 (1994)

ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, Appellee, v. MALONE FREIGHT LINES, INC.; Quantum Services, Inc., Appellants. Tammy HIBSHMAN, as personal representative of the Estate of Brian Hibshman, deceased, Appellant, v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, doing business as Cottonbelt Line, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 4, 1994.

Attorney(s) appearing for the Case

Stan M. Herkelman, Cedar Rapids, IA, argued, for Malone & Quantum, et al.

Wm. David Duke, Little Rock, AR, argued (Robert E. Konchar and Michael McDonough, on the brief), for T. Hibshman.

D.P. Marshall, Jonesboro, AR, argued (J.C. Deacon and Barry Deacon, on the brief), for appellee.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.

FAGG, Circuit Judge.

On July 20, 1991, Brian Hibshman's tractor-trailer collided with a St. Louis Southwestern Railway train at a train crossing on an Arkansas highway. Mr. Hibshman was killed and his widow, Tammy Hibshman, brought a wrongful death action against the Railway. The Railway sued the tractor's lessee, Malone Freight Lines, Inc., and the tractor's owner, Quantum Services, Inc., for damages to the derailed train and dislocated track. After the two cases...

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