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HENNING v. UNION PACIFIC R. CO.

No. 06-7034.

530 F.3d 1206 (2008)

Karen HENNING, as Administrator of the Estate of Derek Shockey, Deceased, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 19, 2008.

Attorney(s) appearing for the Case

Michael T. Blotevogel, The Lakin Law Firm, Wood River, IL (Charles W. Armbruster III and Gail G. Renshaw, The Lakin Law Firm, Wood River, IL; Robert H. Mitchell, Mitchell & Manchester, Oklahoma City, OK, with him on the briefs), for Plaintiff-Appellant.

Robert D. Hart (Tom L. Armstrong and Christopher D. Wolek with him on the briefs), Gibbs Armstrong Borochoff Mullican & Hart, P.C., Tulsa, OK, for Defendant-Appellee.

Before MURPHY, SEYMOUR, and BALDOCK, Circuit Judges.

MURPHY, Circuit Judge.

This case arises out of a car-train accident, in which Derek Shockey was killed. Shockey's estate sought damages from Union Pacific Railroad Company ("Union Pacific") on various claims of negligence. The district court granted Union Pacific's motion for partial summary judgment on claims relating to the adequacy of the warning devices at the crossing based on federal preemption. The remaining claims went to trial. The jury returned a verdict...

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