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SOO LINE R. CO. v. WERNER ENTERPRISES

No. 15-1373.

825 F.3d 413 (2016)

SOO LINE RAILROAD COMPANY, a Minnesota corporation, doing business as Canadian Pacific Plaintiff-Appellant v. WERNER ENTERPRISES Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 7, 2016.

Rehearing and Rehearing En Banc Denied July 27, 2016.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Timothy Robert Thornton , of Minneapolis, MN. The following attorney(s) appeared on the appellant brief; Timothy Robert Thornton , of Minneapolis, MN., Jonathan P. Schmidt , of Minneapolis, MN., Matthew Robert Brodin , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was Paula Duggan Vraa , of Saint Paul, MN. The following attorney(s) appeared on the appellee brief; David C. Linder , of Saint Paul, MN., Mark A. Solheim , of Saint Paul, MN., Paula Duggan Vraa , of Saint Paul, MN., Anthony James Novak , of Saint Paul, MN.

Before WOLLMAN, BYE, and GRUENDER, Circuit Judges.

A truck driven by a Werner Enterprises (Werner) employee struck a train operated by Soo Line Railroad Company, doing business as Canadian Pacific (Canadian Pacific), causing a tanker car to spill the chemical it was carrying. Canadian Pacific sued Werner for the clean-up costs under theories of trespass, nuisance, and negligence...

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