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MISSOURI & NORTHERN ARK. R. CO. v. BRANSON

No. 22799.

3 S.W.3d 869 (1999)

MISSOURI & NORTHERN ARKANSAS RAILROAD COMPANY, INC., Plaintiff-Respondent, v. BRANSON SCENIC RAILWAY, INC., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

September 28, 1999.

Attorney(s) appearing for the Case

Christopher E.V. Quinn of Oppenheimer Wolff & Donnelly, L.L.P., of Chicago, Illinois, and David K. Potter and Jennifer K. Eggers, of Oppenheimer Wolff & Donnelly, L.L.P., of Minneapolis, MN, for Appellant..

Paul M. Brown and David A. Dick, of Thompson Coburn, L.L.P., of St. Louis, MO, for Respondent.

JAMES K. PREWITT, Judge.

A moving freight train belonging to Plaintiff collided with an empty passenger train owned by Defendant sitting on a side track in Branson. Plaintiff filed this action seeking damages, alleging that Defendant's negligence caused the collision. Defendant answered and counter-claimed but also sought, by motion, the trial court to order that the dispute be submitted to arbitration pursuant to an agreement between the parties. The trial court...

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