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JESSKI v. DAKOTA, MINNESOTA & EASTERN RAILROAD

No. 21-3310.

43 F.4th 861 (2022)

Hannah JESSKI, as Executrix and Personal Representative of the estate of Dixie Blazier; Glenda Mundis; Robert Mundis, Plaintiffs-Appellants v. DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, Defendant-Appellee Canadian Pacific (U.S.), Inc., Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Robert William Zimmerman , of Philadelphia, PA. The following attorneys also appeared on the appellant brief; Larry Bendesky, of Philadelphia, PA., and Scott A. Fellmeth , of Philadelphia, PA.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Alice Elizabeth Loughran , of Washington, DC. The following attorneys also appeared on the appellee brief; James Daniel Helenhouse , of Chicago, IL., Thomas C. Paschalis , of Chicago, IL., Mark Savignac , of Washington, DC.

Before GRUENDER, BENTON, and GRASZ, Circuit Judges.

James and Dixie Blazier were killed and Glenda Mundis was injured when a locomotive owned by Dakota, Minnesota & Eastern Railroad Corporation ("DM&E") collided with their SUV at a railroad crossing. The personal representative of Dixie Blazier's estate along with Mundis and Mundis's husband (collectively, "Appellants...

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