CEARLEY v. GENERAL AMERICAN TRANS. CORP.

No. 98-2295.

186 F.3d 887 (1999)

Mary E. CEARLEY, Individually and as Administratrix of the Estate of Jimmy C. Cearley; Cynthia Jean Cearley Pritchett; Edward Wayne Cearley; Richard C. Cearley; Barbara Hill, Plaintiffs-Appellees, v. GENERAL AMERICAN TRANSPORTATION CORPORATION; Missouri Pacific Railroad Company, doing business as Union Pacific Railroad Company, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 27, 1999.

Rehearing Denied August 26, 1999.


Attorney(s) appearing for the Case

Scott H. Tucker, Little Rock, AR, argued (William H. Sutton and Phillip Carroll, Little Rock, AR, on the brief), for Appellant.

Kelly B. Tidwell, Texarkana, TX, argued (Christy P. Paddock, Texarkana, TX, on the brief), for Appellee.

Before McMILLIAN, WOLLMAN and HANSEN, Circuit Judges.


McMILLIAN, Circuit Judge.

Union Pacific Railroad Company (Union Pacific) and General American Transportation Corporation (GATC) (together appellants) appeal from an interlocutory order entered in the United States District Court for the Western District of Arkansas denying their motion for summary judgment in this wrongful death action brought by family members (appellees) of Jimmy C. Cearley (Cearley), who suffered a fatal fall from a railroad tank car. See Cearley...

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