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DENVER & RIO GRANDE WESTERN R. v. UNION PACIFIC R.

No. 96-3050.

119 F.3d 847 (1997)

The DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, Plaintiff-Counter-Defendant-Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 17, 1997.

Attorney(s) appearing for the Case

Phillip R. Fields, Wichita, KS, for Plaintiff-Counter-Defendant-Appellant.

Kenton E. Knickmeyer (Michael D. O'Keefe, with him on the brief), Thompson Coburn, St. Louis, MO, for Defendant-Counter-Claimant-Appellee.

Before KELLY, McWILLIAMS, and HENRY, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

This lawsuit is part of the aftermath of a March 28, 1991, train collision near Cody, Kansas, on trackage controlled by Union Pacific Railroad Company. Both trains were owned by the Denver & Rio Grande Western Railroad Company, but pursuant to an agreement between the two railroads, were operated by crews employed by Union Pacific. The Denver & Rio Grande Western sought a declaratory judgment that Union Pacific was liable for...

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