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ALUMBAUGH v. UNION PACIFIC R. CO.

No. 02-2594WM.

322 F.3d 520 (2003)

Gerald ALUMBAUGH, Appellant, v. UNION PACIFIC RAILROAD COMPANY and The Goodyear Tire and Rubber Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 7, 2003.

Attorney(s) appearing for the Case

Dennis J.C. Owens, argued, Kansas City, MO, Richard E. Rice, for appellant.

Jeffrey T. McPherson, argued, St. Louis, MO (Frank N. Gundlach, on the brief), for appellee.

Before BOWMAN, RICHARD S. ARNOLD, and BYE, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

This suit arises out of a motorcycle accident at a railroad crossing. On his way to work, Gerald Alumbaugh drove his motorcycle north along Fairfax Trafficway in Kansas City, Kansas, a route which he customarily took. As he drove over the tracks of the "Quindaro" crossing, he was thrown violently from his motorcycle when it twisted beneath him. He attributes the crash to a visible unevenness...

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