Ohio Casualty v. Union Pacific RR Co, et al

Filing 206

AMENDED JUDGMENT as directed by Mandate from USCA 8th Circuit in favor of Union Pacific Railroad Company against Ohio Casualty Insurance Company. Signed by Honorable Harry F. Barnes on February 18, 2009. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS T E X A R K A N A DIVISION

O H IO CASUALTY INSURANCE COMPANY

PLAINTIFF

V.

Case No. 02-CV-4064

U N IO N PACIFIC RAILROAD COMPANY; LO RI ALLENBRAND; and TRI-STATE C ON TR OL, INC.

DEFENDANTS

U N IO N PACIFIC RAILROAD COMPANY V. C R O WLEY INSURANCE, INC.; T W IN CITY FIRE INSURANCE C OM PA NY ; and CASUALTY IN SU RA NC E COMPANY

THIRD-PARTY PLAINTIFF

THIRD-PARTY DEFENDANTS

A M E N D E D JUDGMENT Before the Court is the Mandate of the United States Court of Appeals for the Eighth Circuit (Doc. 198) reversing the judgment (Doc. 187) entered by this Court in the above styled and numbered case and rem anding the action to this Court to enter a judgment in favor of Union Pacific Railroad Company ("U nion Pacific"). Thus, the Court abandons its judgment entered on September 21, 2005 (Doc. 187) in fa vor of Ohio Casualty Insurance Company ("Ohio Casualty") and finds that Ohio Casualty had an obligation to defend and indemnify Union Pacific under the insurance policy at issue. Accordingly, the C ou rt hereby enters judgment in favor of Union Pacific in the above styled and numbered case. IT IS SO ORDERED, this 18th day of February, 2009.

/s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge