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BLACKORBY v. BNSF RY. CO.

No. 21-3330.

60 F.4th 415 (2023)

Edward BLACKORBY, Plaintiff-Appellee v. BNSF RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 16, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Bryan P. Neal , of Dallas, TX. The following attorney(s) appeared on the appellant brief; Emily Fitzgerald , of Dallas, TX., Keith M. Goman , formerly of Denver, CO.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Jeff R. Dingwall , of San Diego, CA. The following attorney(s) appeared on the appellee brief; Erica Mynarich , of Springfield, MO., Charles Kiel Garella , of Charlotte, NC.

Before COLLOTON, SHEPHERD, and GRASZ, Circuit Judges.

This case returns to this Court for the third time, this time regarding an award of attorneys' fees. After plaintiff Edward Blackorby prevailed at trial and was awarded $58,240 in damages, plus post-judgment interest, Blackorby sought attorneys' fees in the amount of $701,706, litigation costs in the amount of $43,089.48...

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