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MOSES v. BURLINGTON NORTHERN R. CO.

No. 4:92CV00412 GFG.

854 F.Supp. 605 (1994)

Theodore P. MOSES, Plaintiff, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation; Union Pacific Railroad Company, a Utah corporation, Defendant, Atchison, Topeka & Sante Fe Railroad Company, Third-Party Defendant. BURLINGTON NORTHERN RAILROAD COMPANY, Third-Party Plaintiff, v. MID-SOUTH MILLING COMPANY, INC., Third-Party Defendant, Atchison, Topeka & Sante Fe Railroad Company; Mid-South Milling Company, Inc., Defendant, Union Pacific Railroad Company, Third-Party Plaintiff. UNION PACIFIC RAILROAD COMPANY, Cross-Claimant, v. BURLINGTON NORTHERN RAILROAD COMPANY, Cross-Defendant. ATCHISON, TOPEKA & SANTE FE RAILROAD COMPANY, Cross-Claimant, v. UNION PACIFIC RAILROAD COMPANY, Cross-Defendant.

United States District Court, E.D. Missouri, Eastern Division.

June 6, 1994.

Attorney(s) appearing for the Case

Douglas P. Dowd, Dowd and Dowd, St. Louis, MO, for plaintiff Theodore P. Moses.

William A. Brasher, Richard F. Nash, Sr., Peter J. Barkofske, Richard F. Nash, William A. Brasher Law Offices, St. Louis, MO, for Burlington Northern R. Co.

Dan H. Ball, J. Powell Carman, Associate, Michael D. O'Keefe, Partner, Thompson and Mitchell, St. Louis, MO, for Union Pacific R. Co.

R. Michael Steele, Donald C. Bollard, Sherman and Taff, Kansas City, MO, for Mid-South Mill. Co., Inc.

Paul M. Brown, Wendy Wiedemann-Hudson, Coburn and Croft, St. Louis, MO, for Atchison, Topeka & Sante Fe R. Co.

MEMORANDUM AND ORDER

GUNN, District Judge.

This matter is before the Court on various pretrial motions.

Plaintiff Theodore P. Moses brings this action against defendants Burlington Northern Railroad Company (BN), Union Pacific Railroad Company (UP) and Atchison, Topeka and Sante Fe Railroad Company (Atchison) to recover for injuries he sustained when a pull-plate broke free from a railroad car, striking him in the head. Plaintiff was moving...

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