No. 22-2238 ___________________________

City of Carthage, Missouri

Plaintiff - Appellant

v.

Union Pacific Railroad Co.

Defendant - Appellee ____________

Appeal from United States District Court for the Western District of Missouri - Joplin ____________

Submitted: January 10, 2023 Filed: March 1, 2023 ____________ Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges. ____________ BENTON, Circuit Judge.

The City of Carthage sued Union Pacific Railroad Co. for breach of contract, claiming UP failed to maintain several bridges. On summary judgment, the district court1 ruled that the City’s breach-of-contract claim was barred by the five-year

1 The Honorable W. Brian Gaddy, United States Magistrate Judge for the Western Dist