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GATEWAY WESTERN RY. v. MORRISON METALWELD PROCESS

No. 94-1393.

46 F.3d 860 (1995)

GATEWAY WESTERN RAILWAY CO., Plaintiff-Appellant, v. MORRISON METALWELD PROCESS CORP., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 2, 1995.

Attorney(s) appearing for the Case

Michael Gill, Chicago, IL (Anne K. Lewis, on the brief), for appellant.

John S. Rollins, Kansas City, MO, argued, for appellee.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

In this diversity action, Gateway Western Railway Company ("Gateway") sued Morrison Metalweld Process Corp. ("Morrison") for breach of contract and negligence, alleging that Morrison's defective repair of Gateway's track derailed a Gateway train and seeking $268,700 in damages. Morrison denied liability and counterclaimed for payments due under the repair contract. A jury awarded Gateway $26,870.55 on its claims and Morrison $15,564.00 on its...

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