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RICE v. UNION PACIFIC R. CO.

Nos. 12-2627, 12-2718, 12-2758.

712 F.3d 1214 (2013)

M. Randy RICE, as Trustee for Jody L. Clark, Plaintiff v. UNION PACIFIC RAILROAD COMPANY, Defendant Third Party Plaintiff-Appellant v. Gunderson Rail Services LLC, doing business as Greenbrier Rail Services Pine Bluff, doing business as Gunderson Wheel Services, doing business as Gunderson, Inc., Third Party Defendant-Appellee. M. Randy Rice, as Trustee for Jody L. Clark, Plaintiff v. Union Pacific Railroad Company, Defendant Third Party Plaintiff-Appellee v. Gunderson Rail Services LLC, doing business as Greenbrier Rail Services Pine Bluff, doing business as Gunderson Wheel Services, doing business as Gunderson, Inc., Third Party Defendant-Appellant. M. Randy Rice, as Trustee for Jody L. Clark, Plaintiff v. Union Pacific Railroad Company, Defendant Third Party Plaintiff-Appellant v. Gunderson Rail Services LLC, doing business as Greenbrier Rail Services Pine Bluff, doing business as Gunderson Wheel Services, doing business as Gunderson, Inc., Third Party Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 12, 2013.

Attorney(s) appearing for the Case

James C. Baker, Jr. , argued and on the brief, Jamie Huffman Jones , on the brief, Little Rock, AR, for appellant/cross-appellee.

Joseph P. Pozen , argued and on the brief, David Alt , Melissa G. Thompson , Chicago, IL, Joseph Cotton Cunningham , Little Rock, AR, on the brief, for appellee/cross-appellant.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Jody Clark filed a lawsuit against his employer, Union Pacific Railroad Company ("Union Pacific"), for injuries he sustained at a railyard operated by Gunderson Rail Services ("Gunderson"). Union Pacific filed a third-party complaint for indemnity against Gunderson, and Union Pacific and Gunderson settled with Clark, each agreeing to pay half of Clark's $1.15 million settlement demand. After settling with Clark, Union Pacific and Gunderson...

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