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BURCKHARD v. BNSF RY. CO.

No. 15-2106.

837 F.3d 848 (2016)

Corrie BURCKHARD, as Personal Representative for the Estate of Todd Burckhard, Decedent; Maria Mack, as Personal Representative for the Estate of Blaine H. Mack, Decedent, Plaintiffs-Appellees v. BNSF RAILWAY COMPANY, a Delaware corporation; CUSA ES, LLC, doing business as Coach America Crew Transport, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 14, 2016.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Scott M. Stearns , of Missoula, MT. The following attorney(s) appeared on the appellant brief; Rebecca S. Thiem , of Bismarck, ND., Thomas J. Leonard , of Missoula, MT.

Counsel who presented argument on behalf of the appellee was Richard L. Carlson , of Wayzata, MN. The following attorney(s) appeared on the appellee brief; Cortney Scott LeNeave , of Wayzata, MN., Thomas M. Flaskamp , of Wayzata, MN.

Before SMITH and COLLOTON, Circuit Judges, and GRITZNER, District Judge.

Plaintiffs, personal representatives of the decedents, sued BNSF Railway Company (BNSF) for the deaths of two BNSF employees, Todd Burckhard and Blaine Mack. After rejecting BNSF's motions for judgment as a matter of law (JMOL), the district court2 submitted the case to a jury. The jury found in favor of plaintiffs...

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