United States of America v. Kelly Foster

1The Honorable Harry F. Barnes, United States District Judge for the Western
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 07-1814
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Shirley Hall, individually and as *
administratrix of the Estate of *
Robert Hall, deceased Estate of *
Robert Hall; Vada Smith, individually *
and as administratrix of the Estate *
of Robert Hall, deceased Estate of *
Robert Hall, * Appeal from the United States
* District Court for the
Appellants, * Western District of Arkansas.
*
v. * [UNPUBLISHED]
*
Union Pacific Railroad Company, *
*
Appellee. *
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Submitted: January 18, 2008
Filed: January 25, 2008
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Before BYE, BEAM, and GRUENDER, Circuit Judges.
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PER CURIAM.
Shirley Hall and Vada Smith appeal the district court's 1 adverse grant of
summary judgment in their lawsuit brought on behalf of Robert Hall, the deceased son

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and brother of Hall and Smith, respectively, against Union Pacific Railroad Company.
Hall and Smith contend the district court erred in concluding a $250,000 settlement
they reached with Union Pacific seven days after Robert Hall died could not be
enforced because neither of the attorneys who negotiated the settlement were aware
of Robert Hall's death when the settlement was reached and the agency of the attorney
acting on behalf of Robert Hall had ceased at the time of Robert's death. Hall and
Smith further contend the district court erred in determining Robert Hall was an
undiscovered trespasser on railroad property when the injuries giving rise to this
lawsuit occurred.
Having carefully reviewed the record and considered the arguments advanced
by Hall and Smith, we conclude the district court properly granted summary judgment
and there is no basis for reversal. Accordingly, we affirm for the reasons set forth in
the district court's well-reasoned opinion. See 8th Cir. R. 47B.
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