CARTER v. KANSAS CITY SOUTHERN RY. CO.

Nos. 05-2220, 05-2429.

456 F.3d 841 (2006)

Clyde O. CARTER, Jr.; Lawrence Hopkins, Plaintiffs, Stephen Jeffery, Appellant/Cross-Appellee, v. THE KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 4, 2006.


Attorney(s) appearing for the Case

Chuck N. Chionuma, argued, Kansas City, MO, for appellant/cross-appellee.

Carl A. Gallagher, argued, Kansas City, KS (Brian J. Zickefoose, on the brief), for appellee/cross-appellant.

Before LOKEN, Chief Judge, McMILLIAN and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

Stephen Jeffery appeals the judgment of the district court2 setting aside punitive damages that had been awarded after a trial by jury. Kansas City Southern Railway Company ("Southern"), in a cross-appeal, argues that the district court erred by not precluding Jeffery's claims under the doctrine of res judicata and by submitting Jeffery's claims of race discrimination to the jury. We affirm.

I.

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