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EUBANK v. KANSAS CITY POWER & LIGHT CO.

No. 09-2038.

626 F.3d 424 (2010)

Kembra EUBANK, Individually and as Next Friend of Jesse Eubank and Spencer Eubank, minor children, Plaintiff/Appellee, v. KANSAS CITY POWER & LIGHT COMPANY, Defendant Third Party Plaintiff/Appellant, v. United States of America, Third Party Defendant/Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 29, 2010.

Attorney(s) appearing for the Case

William E. Quirk , Polsinelli Shughart PC, Kansas City, MO, argued ( R. Lawrence Ward , William L. Yocum , Anthony W. Bonuchi , on the brief), for appellant Kansas City Power & Light Co.

Catherine Y. Hancock , Civ. Div., U.S. Dept. of Justice, Washington, DC, argued ( Tony West , Asst. Atty. Gen., Thomas M. Bondy , Civ. Div., U.S. Dept. of Justice, Washington, DC, Matt J. Whitworth , Acting U.S. Atty., Kansas City, MO, on the brief), for appellee United States of America.

Edward D. Robertson, Jr. , Mary D. Winter , Anthony L. DeWitt , Bartimus, Frickleton, Robertson & Gorny, P.C., Jefferson City, MO, Stephen M. Gorny , Grant Rahmeyer , Bartimus, Frickleton, Robertson & Gorny, P.C., Leawood, KS, for appellee Kembra Eubank.

Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

COLLOTON, Circuit Judge.

David Eubank, the husband of appellee Kembra Eubank, died as a result of an electrical burn he sustained while working for the United States General Services Administration ("GSA"). Kembra Eubank, individually and on behalf of her two minor children, filed suit in Missouri state court against Kansas City Power and Light Company ("KCP & L"), the company that supplied electricity to the GSA facility...

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