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DILLINGHAM v. IBP, INC.

No. 99-3061.

219 F.3d 797 (2000)

Mary Ann DILLINGHAM, Personal Representative of the Estate of John W. Dillingham, Deceased; Mary Ann Dillingham, Surviving Spouse and Heir-at-Law of John W. Dillingham, Deceased; Jack C. Dillingham, Surviving Son and Heir-at-Law of John W. Dillingham, Deceased; David R. Dillingham, Surviving Son and Heir-at-Law of John W. Dillingham, Deceased., Appellees, v. IBP, INC., a Delaware Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 25, 2000.

Attorney(s) appearing for the Case

Spencer J. Brown, Kansas City, MO, argued (Daniel E. Hamann, on the brief), for Appellant.

Elvin S. Douglas, Jr., Harrisonville, MO, argued, for Appellees.

BEFORE: BEAM, ROSS, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

ROSS, Circuit Judge.

In this diversity case, IBP, Inc. appeals from a judgment of the district court entered after a jury trial in favor of Mary Ann, David, and Jack Dillingham, widow and sons of John Dillingham. We affirm in part and reverse in part.

John, a cattle farmer, died several hours after an accident at an IBP facility in Kansas. Appellees filed a wrongful death and a survival action against IBP. Before a reduction for comparative fault, the jury...

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