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STEVENSON v. UNION PACIFIC R. CO.

No. 01-3686, 02-2093.

354 F.3d 739 (2003)

Frank STEVENSON, Cross-Appellant/Appellee, Rebecca Harshberger, Administratrix of the Estate of Mary E. Stevenson, Deceased, Appellee, v. UNION PACIFIC RAILROAD COMPANY, Appellant/Cross-Appellee, Operation Lifesaver, Inc. Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 5, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Scott H. Tucker, Little Rock, AR. Additional attorneys appearing on the brief were William H. Sutton, Robert S. Shafer and Joseph P. McKay.

Counsel who presented argument on behalf of the appellee was Robert L. Pottroff, Manhattan, KS. Additional attorneys appearing on the brief were Norbert C. Marek, Jr. and B. Michael Easley.

Before LOKEN, Chief Judge, HANSEN and RILEY, Circuit Judges.

HANSEN, Circuit Judge.

This case arises out of a car-train grade crossing accident in which Frank Stevenson was injured and his wife was killed. In this diversity lawsuit against the Union Pacific Railroad Company ("Union Pacific" or "the Railroad"), a jury awarded damages to Mr. Stevenson and Rebecca Harshberger as Administratrix of Mary Stevenson's estate1 on claims of negligence. Union Pacific appeals, and Stevenson cross appeals. We...

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