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KANSAS CITY SOUTHERN RAILWAY COMPANY v. DSK LIMITED

No. 16-30480.

KANSAS CITY SOUTHERN RAILWAY COMPANY, Plaintiff-Appellant Cross-Appellee, v. DSK LIMITED; DEWEY S. KENDRICK, III; PRAETORIAN INSURANCE COMPANY; 3 V PARTNERSHIP; STEVEN D. VINSON; DONNA SMITH VINSON; STEVEN B. VINSON; AMERICAN RELIABLE INSURANCE COMPANY, Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed September 14, 2018.

Attorney(s) appearing for the Case

Bobby Stephen Gilliam , for Plaintiff-Appellant Cross-Appellee.

Robert A. Mahtook, Jr. , for Defendant-Third Party Plaintiff-Appellee Cross-Appellant.

Joseph Nicholas Mole , for Defendant-Appellee Cross-Appellant.

Campbell E. Wallace , for Defendant-Appellee Cross-Appellant.

C. Michael Pfister , for Defendant-Appellee Cross-Appellant.

James Anthony Prather , for Defendant-Appellee Cross-Appellant.

Everett R. Fineran , for Defendant-Appellee Cross-Appellant.

Craig Roth Webb , for Defendant-Appellee Cross-Appellant.

David Lee Bruce , for Plaintiff-Appellant Cross-Appellee.

Amy J. Goode , for Defendant-Third Party Plaintiff-Appellee Cross-Appellant.

Dylan Dennis Lynch , for Defendant-Appellee Cross-Appellant.

Before: REAVLEY, OWEN, and SOUTHWICK, Circuit Judges.

This case arises out of the derailment of a Kansas City Southern Railway Co. (KCS) train at a private crossing after the rails at the crossing were damaged by heavy equipment being used to service property controlled by DSK Limited, 3-V Partnership, and the individual defendants (collectively, the Landowners)....

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