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LOGAN v. J&D HAULING, INC.

No. 02-2873.

331 F.3d 600 (2003)

Gregory L. LOGAN, Appellant, v. J&D HAULING, INC.; David Leo Smith, Jr.; Union Pacific Railroad Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 30, 2003.

Attorney(s) appearing for the Case

Kent J. Rubens, West Memphis, AR, argued, (Gene C. Napier, Kansas City, MO, on the brief), for appellant.

Teresa Wineland, El Dorado, AR, argued, for appellees J&D Hauling, Inc. and David Leo Smith, Jr.

William H. Sutton, Frederick S. Ursery and Robert S. Shafer, Little Rock, AR, argued, for appellee Union Pacific Railroad.

Before WOLLMAN and MURPHY, Circuit Judges, and AUTREY, District Judge.

WOLLMAN, Circuit Judge.

Gregory L. Logan appeals from the judgment entered on the jury verdict rendered against him and from the district court's2 denial of his motion for new trial. We affirm.

On May 1, 1999, Lyle Smith was acting as the engineer on a Union Pacific Railroad Company freight train, consisting of two diesel locomotives and 118 cars, traveling from Dexter, Missouri, to Pine Bluff, Arkansas. Also in the cab with Smith...

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