Legal Opinion
Butler v. Union Pacific Railroad
Court of Appeals for the Tenth Circuit
Decided October 4, 1995No. 94-3153PublishedCited by 1 opinion
1Opinion of the Court
EBEL, Circuit Judge.
This case is before us on appeal from a decision of the United States District Court for the District of Kansas granting Defendant Union Pacific Railroad’s (the “Railroad”) motion to dismiss the Butlers’ personal injury complaint pursuant to Fed.R.Civ.P. 12(b)(6). Federal jurisdiction is based on diversity of citizenship, and we must determine whether the Kansas Supreme Court would apply the common law “Fireman’s Rule” to preclude recovery under Kan.Stat. Ann. §§ 66-232 & 66-234.1 Because we conclude that the Kansas Supreme Court would apply the “Fireman’s Rule” in this…
2Cases cited10 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Allen v. Minnstar, Inc.Court of Appeals for the Tenth Circuit · 1993
- Industrial Constructors Corp. v. United States Bureau of ReclamationCourt of Appeals for the Tenth Circuit · 1994
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
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3Cited by1 opinion
- Butler v. Union Pacific Railroad CompanyCourt of Appeals for the Tenth Circuit · 1995