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UNION PACIFIC v. KIRBY INLAND MARINE

No. 01-3334.

296 F.3d 671 (2002)

UNION PACIFIC RAILROAD COMPANY, Appellant, v. KIRBY INLAND MARINE, INC. OF MISSISSIPPI, a/k/a/ Brent Transportation Company, in personam and the M/V Miss Dixie, its engines, tackle, fixtures and appurtenances, etc., in rem, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 11, 2002.

Rehearing and Rehearing Denied: August 15, 2002.

Attorney(s) appearing for the Case

Bruce E. Johnson, argued, Des Moines, IA, for appellant.

Steven B. Belgrade, argued, Chicago, IL (Richard P. Girzadas, on the brief), for appellee.

Before BOWMAN, BYE, Circuit Judges, and NANGLE, Senior District Judge.

Rehearing and Rehearing En Banc Denied: August 15, 2002.

NANGLE, Senior District Judge.

Appellant Union Pacific Railroad Company appeals from the district court's conclusions of law and final judgment in the instant case. For the reasons discussed below, we reverse in part and affirm in part the district court's opinion.

I. Background

A. Background Facts

The parties stipulated to the following underlying facts. The Clinton Railroad...

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