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EGGLETON v. PLASSER & THEURER EXPORT

No. 06-2641.

495 F.3d 582 (2007)

David C. EGGLETON, Appellee, v. PLASSER & THEURER EXPORT VON BAHNBAUMASCHINEN GESELLSCHAFT, MBH; Franz Plasser Bahnbaumaschinen Industriegesellschaft, MBH, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 25, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was David L. Kelleher of Washington, D.C. Jason C. Tomasulo of D.C. appeared on the brief.

Counsel who presented argument on behalf of the appellee was Jeffery R. Kirkpatrick of Lincoln NE. John W. Drescher and Michael F. Imprevento of Norfolk, VA appeared on the brief.

Before MELLOY, SMITH, and GRUENDER, Circuit Judges.

MELLOY, Circuit Judge.

Plaintiff David Eggleton sued defendants Plasser & Theurer Export Von Bahnbaumaschinen Gesellschaft, MBH and Franz Plasser Bahnbaumaschinen Industriegesellschaft, MBH ("Plasser," collectively) in Virginia state court for personal injuries arising from his operation of a Plasser-manufactured railroad maintenance machine. Plasser removed the case to the United States District Court for the Eastern District of Virginia ("Virginia district court...

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