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BATES v. MISSOURI & NORTHERN ARKANSAS R. CO., INC.

No. 07-3002.

548 F.3d 634 (2008)

Jeffrey BATES, Plaintiff/Appellee, v. MISSOURI & NORTHERN ARKANSAS RAILROAD COMPANY, INC., Defendant/Appellant, Jimmy Pemberton, Art Medley, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: December 1, 2008.

Attorney(s) appearing for the Case

Christopher R. Pieper, argued, Paul M. Brown, Bruce D. Ryder, James Cox, on the brief, St. Louis, MO, for appellant.

Brian J. Madden, argued, Thomas P. Cartmell, Diane K. Watkins, on the brief, Kansas City, MO, for appellee.

Before WOLLMAN, BEAM, and RILEY, Circuit Judges.

WOLLMAN, Circuit Judge.

Missouri & Northern Arkansas Railroad Company, Inc. (MNA) appeals from the district court's1 order remanding to state court Jeffrey Bates's personal injury claims against MNA. As modified, the order is affirmed.

I.

On April 27, 2006, Bates suffered severe injuries when his vehicle collided with a MNA train at a signaled railroad crossing in Barton...

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