HICKSON CORPORATION, Plaintiff/Counterdefendant-Appellant,
v.
NORFOLK SOUTHERN RAILWAY COMPANY, Defendant/Counterclaimant and Third-Party Plaintiff-Appellee,
Union Tank Car Company, Third-Party Defendant-Appellant,
Ferguson Harbour, Inc., Third-Party Defendant-Appellee.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued December 7, 2000.
Decided and Filed August 3, 2001.
Attorney(s) appearing for the Case
Susan Kerr Lee, Grant Konvalinka & Harrison, Stephen E. O'Day (argued and briefed), Andrew M. Thompason (briefed), Smith, Gambrell & Russell, Atlanta, GA, for Hickson Corporation.
William M. Foster (argued and briefed), George L. Foster, Foster, Foster, Allen & Durrence, Chattanooga, TN, William B. Poff (briefed), Michael J. Quinan (briefed), Woods, Rogers, Hazlegove, Roanoke, VA, for Norfolk Southern Railway Company.
William A. Geiser, Johnson & Bell, Chicago, IL, Michael K. Alston (briefed), Husch & Eppenberg, Ronald S. Range, Jr., (briefed), Jennifer P. Keller (agued and briefed), Baker, Donelson, Bearman & Caldwell, Johnson City, TN, for Ferguson Harbour, Inc.
ARGUED: Stephen E. O'Day, SMITH, GAMBRELL & RUSSELL, Atlanta, Georgia, for Hickson Corporation. William M. Foster, FOSTER, FOSTER, ALLEN & DURRENCE, Chattanooga, Tennessee, for Norfolk Southern Railway Company. Jennifer P. Keller, BAKER, DONELSON, BEARMAN & CALDWELL, Johnson City, Tennessee, for Ferguson Harbour.
ON BRIEF: Stephen E. O'Day, Andrew M. Thompson, SMITH, GAMBRELL & RUSSELL, Atlanta, Georgia, for Hickson Corporation. William M. Foster, FOSTER, FOSTER, ALLEN & DURRENCE, Chattanooga, Tennessee, William B. Poff, WOODS, ROGERS & HAZLEGROVE, Roanoke, Virginia, Michael, J. Quinan, WOODS, ROGERS & HAZLEGROVE, Richmond, Virginia, for Norfolk Southern Railway Company. Jennifer P. Keller, Ronald S. Range, Jr., BAKER, DONELSON, BEARMAN & CALDWELL, Johnson City, Tennessee, for Ferguson Harbour Michael K. Alston, Paul R. Leitner, HUSCH & EPPENBERGER, Chattanooga, Tennessee, for Union Tank Car Company.
Before MERRITT, KENNEDY, and GILMAN, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
Pursuant to Sixth Circuit Rule 206.
OPINION
MERRITT, Circuit Judge.
This is a diversity case1 involving multiple parties that arose after an arsenic spill from a railroad tank car in a Chattanooga rail yard. After a lengthy trial, the jury found Hickson Corporation, the owner of the arsenic being transported, liable to Norfolk Southern Railway Company, the rail carrier transporting the arsenic when it leaked, and awarded...
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