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ABNER v. KANSAS CITY SOUTHERN RY. CO.

No. 07-30674.

541 F.3d 372 (2008)

Elgie ABNER, Harry Brooks, James Edward Martin, Steve May, Napoleon Player, Jerry Lee Walker, L.J. Player, and W.D. Odom, Jr., Plaintiffs-Appellees, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 14, 2008.

Attorney(s) appearing for the Case

Gregory George Paul (argued), Peirce, Raimond & Osterhout, Pittsburgh, PA, Stephen Reed Morgan, Morgan & Chadick, Comfort, TX, for Plaintiffs-Appellees.

Bobby Stephen Gilliam (argued), Wilkinson, Carmody & Gilliam, Shreveport, LA, for Defendant-Appellant.

Before HIGGINBOTHAM, STEWART and SOUTHWICK, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Eight plaintiffs, employees of Kansas City Southern Railway Company, sued the railway in district court, alleging race discrimination. They amended their complaint several times, eventually withdrawing their attempt to bring a class action and dropping several of their claims. The first trial resulted in a hung jury. After the second trial, a jury found for Plaintiffs and awarded Plaintiffs punitive damages but no compensatory...

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