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SPENCER v. YOUNG

No. 06-3999.

495 F.3d 945 (2007)

James L. SPENCER, Plaintiff-Appellant, v. Daniel W. YOUNG, Individually, & as Agent/Employee of Key Point Carriers, Ltd.; Key Point Carriers, Ltd., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 23, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Robert L. Scull of Little Rock, AR.

Counsel who presented argument on behalf of the appellee was Troy A. Price of Little Rock, AR. Also appearing on the brief were Kathryn A. Pryor, and David P. Glover.

Before MURPHY, BEAM, and SHEPHERD, Circuit Judges.

MURPHY, Circuit Judge.

James L. Spencer brought this negligence action in state court against Daniel W. Young and his employer, Key Point Carriers, Ltd. (Key Point). Young was the driver of a tractor trailer involved in an accident with Spencer, and he and Key Point removed the action to federal district court. Key Point filed a counterclaim against Spencer for negligence, and a jury found both Spencer and Young negligent. The district court1

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