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CONEY v. UNION PACIFIC R.R.

No. 97-2690.

136 F.3d 1195 (1998)

Alvin CONEY, Appellant, Saundra Coney, v. UNION PACIFIC RAILROAD, Appellee, Association of American Railroads, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 20, 1998.

Attorney(s) appearing for the Case

Timothy Steven Parker, Eureka Springs, AR, argued (Lewis E. Epley, Jr., on the brief), for Appellant.

Scott Harper Tucker, Little Rock, AR, argued (William H. Sutton and Clifford W. Plunkett, on the brief), for Union Pacific.

Denzil Price Marshall, Jr., Jonesboro, AR, argued (Louis P. Warchot and Danile Saphire, on the brief), for Association of American Railroads.

Before BOWMAN and BRIGHT, Circuit Judges, and JONES, District Judge.

BRIGHT, Circuit Judge.

On November 15, 1994, Alvin Coney's vehicle collided with a Union Pacific Railroad ("Union Pacific") freight train. Coney brought this diversity action against Union Pacific, alleging that Union Pacific failed to provide adequate and active warning devices, maintain a proper lookout, sound the train's whistle, and operate its train at an appropriate speed. The district court granted partial summary judgment to Union Pacific on the claims of...

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