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CHAPMAN v. LAB ONE

Nos. 03-2105, 03-2269.

390 F.3d 620 (2004)

Michael CHAPMAN; Terri Lynn Chapman, Appellants, v. LAB ONE, a Missouri Corporation; Lab One, Inc., a Delaware Corporation, Appellees. Daniel Howell, Appellant, v. Lab One, Inc., a Missouri Corporation; Lab One, Inc., a Delaware Corporation; Union Pacific Railroad Company, a Delaware Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 30, 2004.

Rehearing and Rehearing Denied January 28, 2005.

Attorney(s) appearing for the Case

Richard J. Dinsmore, argued, Omaha, NE, for appellant.

Delores Faye Caldwell, argued, Houston, TX (Thomas J. Mortati, Albany, NY, on the brief), for Lab One, Inc.

Clifford A. Godnier, St. Louis, MO, for Union Pacific R. Co.

Before MELLOY, McMILLIAN, and COLLOTON, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 28, 2005.

COLLOTON, Circuit Judge.

Michael and Terri Lynn Chapman and Daniel Howell brought actions in state court alleging various state common-law causes of action against LabOne, Inc. ("LabOne") and Union Pacific Railroad Company ("Union Pacific"). The defendants removed the actions to federal district courts in Iowa and Nebraska, respectively. The district court in Iowa dismissed the Chapman case on the ground...

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