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UNION PACIFIC R. CO. v. INCHCAPE SHIPPING SERVICES

No. 4:02-CV-1695 (CEJ).

365 F.Supp.2d 1015 (2004)

UNION PACIFIC RAILROAD COMPANY, Plaintiff, v. INCHCAPE SHIPPING SERVICES, et al., Defendants.

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

June 16, 2004.

Attorney(s) appearing for the Case

Michael B. Hunter, Williams and Venker, St. Louis, Daniel T. Rabbitt, Rabbitt and Pitzer, Robert P. Schmidt, Williams and Venker, Theodore J. Williams, Jr., Williams and Venker, St. Louis, MO, for Plaintiff.

Julia R. Brouhard, Ray and Robinson, P.L.L., Cleveland, OH, Greg J. Erickson, Sr., Fox Galvin, LLC, Ronald E. Fox, Fox Galvin, LLC, St. Louis, MO, Gene B. George, Ray and Robinson, P.L.L., Cleveland, OH, Dennis E. Rose, Donovan and Rose, Belleville, IL, Jon W. Spencer, Donovan and Rose, Belleville, IL, for Defendants.

MEMORANDUM AND ORDER

JACKSON, District Judge.

This matter is before the Court on the motion of defendant ISS Marine Services, Inc. to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure or, in the alternative, for summary judgment pursuant to Rule 56. Plaintiff Union Pacific Railroad Company opposes the motion and the issues are fully briefed.

This action arises from the derailment of a train operated by plaintiff Union...

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