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HOWELL v. UNION PACIFIC R. CO.

No. 2007-1151.

980 So.2d 854 (2008)

Cade Harper HOWELL, et al. v. UNION PACIFIC RAILROAD COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 21, 2008.

Attorney(s) appearing for the Case

M. Terrance Hoychick, Hoychick & Aguillard, Eunice, LA, Counsel for Plaintiffs/Appellants: Jeanette Young, Frederick Young, Patricia A. Smith, Dwayne Smith, Lynn D. Howell, James F. Howell, Cade Harper Howell.

Richard J. Arsenault, Neblett, Beard & Arsenault, Alexandria, LA, Counsel for Plaintiffs/Appellants: Jeanette Young, Frederick Young, Patricia A. Smith, Dwayne Smith, Lynn D. Howell, James F. Howell, Cade Harper Howell.

John E. McElligott, Jr., Davidson, Meaux, Sonnier & McElligott, Lafayette, LA, Counsel for Defendants/Appellees: Keir N. Nero, Armando Lazo, William Joseph Thibodeaux, Joseph Wayne Curtis, Ernest Selders, Jr., Union Pacific Railroad Company.

Court composed of GLENN B. GREMILLION, ELIZABETH A. PICKETT, and J. DAVID PAINTER, Judges.

GLENN B. GREMILLION, Judge.

In this case, the plaintiffs, Cade Howell, James and Lynne Howell, Dwayne and Patricia Smith, and Frederick and Jeannette Young, appeal the judgment of the trial court in favor of the defendants, Union Pacific Railroad Company, Ernest Selders, Jr., Joseph Wayne Curtis, William J. Thibodeaux, Armando Lazo, and Keir N. Nero.1 For the following reasons we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

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