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WHATLEY v. CANADIAN PACIFIC RY. LTD.

No. 17-1677.

904 F.3d 614 (2018)

Joe R. WHATLEY, Jr., solely in his capacity as the WD Trustee of the WD Trust, Plaintiff-Appellant v. CANADIAN PACIFIC RAILWAY LIMITED; Canadian Pacific Railway Company; Soo Line Corporation; Soo Line Railroad Company, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 14, 2018.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Robert J. Keach , of Portland, ME. The following attorney(s) appeared on the appellant brief; Joseph A. Wetch, Jr. , of Fargo, ND., John Alden Woodcock, III , of Portland, ME., Robert J. Keach , of Portland, ME., Roma N. Desai , of Portland, ME.

Counsel who presented argument on behalf of the appellee was Timothy Robert Thornton , of Minneapolis, MN. The following attorney(s) appeared on the appellee brief; Timothy Robert Thornton , of Minneapolis, MN., Mark F. Rosenberg , of New York, NY., Paul J. Hemming , of Minneapolis, MN.

Before GRUENDER, BEAM, and KELLY, Circuit Judges.

Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust), appeals the district court's order finding that his claim under the Carmack Amendment, 49 U.S.C. § 11706, against Canadian Pacific Railway was untimely. We reverse and remand for further proceedings.

I. BACKGROUND

On June 29, 2013...

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