BIRMINGHAM v. UNION PACIFIC R. CO.

No. PB-C-96-573.

971 F.Supp. 1282 (1997)

Francis BIRMINGHAM, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a Utah Corporation, Defendant.

United States District Court, E.D. Arkansas, Pine Bluff Division.

June 18, 1997.


Attorney(s) appearing for the Case

John W. Chandler, Jr., Burch, Porter & Johnson, Memphis, TN, Pamela Rymer O'Dwyer, Paty, Rymer & Ulin, P.C., Chattanooga, TN, Herbert Emerson Christy, Jr., Jones & Granger, North Little Rock, AR, for Frances Birmingham.

Neal Laurence Hart, Thomas W. Mickel, P.A., Little Rock, AR, for Louisiana Cotton Ass'n Agr. Compensation Self-Insurance Fund.

Scott H. Tucker, Friday, Eldredge & Clark, Little Rock, AR, for Union Pacific R. Co.


ORDER

WILSON, District Judge.

This case arises out of a highway-railroad crossing accident that occurred on June 28, 1995, at the Clemmons Road crossing located in Tamo, Jefferson County, Arkansas. Ms. Frances Birmingham's (hereinafter "Plaintiff") Complaint alleges that the Union Pacific Railroad Company (hereinafter "Defendant") was negligent for failing to identify the grade crossing involved in the...

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