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MORRIS v. UNION PACIFIC R.R.

No. 03-1622.

373 F.3d 896 (2004)

John Munson MORRIS; Margaret Morris, Appellees, v. UNION PACIFIC RAILROAD, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 28, 2004.

Rehearing and Rehearing Denied August 4, 2004.

Attorney(s) appearing for the Case

John Dewey Watson, argued, Little Rock, AR (William H. Sutton, Robert S. Shafer, and Ellen M. Owens, on the brief), for appellant.

Phillip J. Duncan, argued, Little Rock, AR (C. Michael Bee, Charleston, WV and Robert L. Pottroff, Manhattan, KS, on the brief), for appellees.

Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and COLLOTON, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 4, 2004.

COLLOTON, Circuit Judge.

In this diversity action against Union Pacific Railroad for personal injuries, a jury returned a verdict for the plaintiff, John Morris. Union Pacific appeals. We reverse and remand for a new trial.

I.

John Morris owned and operated a wrecking company in Waldo, Arkansas. On November 8, 1999, a west-bound Union Pacific train collided with a tractor-trailer truck...

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