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CITY OF CARTHAGE, MISSOURI v. UNION PAC. R.R.

No. 22-2238.

61 F.4th 565 (2023)

CITY OF CARTHAGE, MISSOURI, Plaintiff-Appellant v. UNION PACIFIC RAILROAD CO., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 1, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and was also on the brief was Barry L Pickens , of Overland Park, KS. The following attorney(s) also appeared on the appellant brief; Melissa Hoag Sherman , of Overland Park, KS.

Counsel who presented argument on behalf of the appellee and was also on the brief was Wayne Lindsey Robbins, Jr. , of Southlake, TX.

Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.

The City of Carthage sued Union Pacific Railroad Co. for breach of contract, claiming UP failed to maintain several bridges. On summary judgment, the district court1 ruled that the City's breach-of-contract claim was barred by the five-year statute of limitations, § 516.120(1), RSMo 2016....

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