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DAKOTA, MN & EASTERN RR CORP. v. INGRAM BARGE CO.

No. 18-2143.

918 F.3d 967 (2019)

DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION and Soo Line Railroad Company d/b/a Canadian Pacific Railway, Plaintiffs-Appellees, v. INGRAM BARGE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 21, 2019.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Charles Thomas Miller , of Paducah, KY. The following attorney(s) appeared on the appellant brief; Dana L Oxley , of Cedar Rapids, IA., Charles Thomas Miller , of Paducah, KY.

Counsel who presented argument on behalf of the appellee was Daniel E DeKoter , of Sibley, IA. The following attorney(s) appeared on the appellee brief; Daniel E DeKoter , of Sibley, IA.

Before BENTON, MELLOY, and KELLY, Circuit Judges.

The M/V Aubrey B. Harwell Jr. (the Harwell), a towboat operated by Ingram Barge Company, was pushing empty barges up the Mississippi River when the barges struck the Sabula Railroad Bridge, owned by Dakota, Minnesota & Eastern Railroad Corporation (DM&E). DM&E sued...

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