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O'BANNON v. UNION PACIFIC RAILROAD CO.

No. 98-2279.

169 F.3d 1088 (1999)

Christopher Dale O'BANNON; Justin Bradley O'Bannon, by and through their duly appointed next friend, Sharon Michelle O'Bannon; David L. O'Bannon; and Ruth E. Rialti, Appellants, v. UNION PACIFIC RAILROAD COMPANY; National Railroad Passenger Corporation, doing business as Amtrak, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 2, 1999.

Attorney(s) appearing for the Case

James D. Walker, Jr., Kansas City, Missouri, argued (Gerald W. Furnell, Lee's Summit, Missouri, on the brief), for appellant.

Douglas R. Richmond, Kansas City, Missouri, argued, for appellee,

Before RICHARD S. ARNOLD, HEANEY, and JOHN R. GIBSON, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

This case arises out of an accident in which Kevin O'Bannon was killed when his truck was struck by an Amtrak train. Mr. O'Bannon's statutory survivors brought a wrongful-death claim against Amtrak, the official title of which is the National Railroad Passenger Corporation, and also against the Union Pacific Railroad Company, which operated and controlled the railroad crossing where the...

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