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UNION PACIFIC R. CO. v. PROGRESS RAIL SERVICES

Nos. 13-2658, 13-2797.

778 F.3d 704 (2015)

UNION PACIFIC RAILROAD COMPANY, Plaintiff-Appellant v. PROGRESS RAIL SERVICES CORPORATION, Defendant-Appellee. Union Pacific Railroad Company, Plaintiff-Appellee v. Progress Rail Services Corporation, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 11, 2015.

Attorney(s) appearing for the Case

Kyle Wallor , argued, Omaha, NE, ( Joanna S. Thomas , Omaha, NE, on the brief), for appellant.

Michael Coyle , argued, Omaha, NE, ( Patrick S. Cooper , Omaha, NE and Robert W. Futhey , Omaha, NE, on the brief) for appellee.

Before RILEY, Chief Judge, WOLLMAN and BYE, Circuit Judges.

Union Pacific Railroad Company (Union Pacific) filed suit against Progress Rail Services Corporation (Progress Rail), alleging that Progress Rail negligently reconditioned certain railcar axles, causing the axles to fail and two trains to derail. In support of its claims, Union Pacific offered the expert testimony of metallurgical...

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