No. 05-2220/2429 ___________ Clyde O. Carter, Jr.; Lawrence Hopkins, * * Plaintiffs, * * Stephen Jeffery, * * Appellant/Cross-Appellee, * * Appeal from the United States v. * District Court for the Western * District of Missouri. The Kansas City Southern Railway * Company, * * Appellee/Cross-Appellant. * ___________

Submitted: January 12, 2006 Filed: August 4, 2006 ___________ Before LOKEN, Chief Judge, McMILLIAN1 and MELLOY, Circuit Judges. ___________ MELLOY, Circuit Judge.

1 The Honorable Theodore McMillian died on January 18, 2006. This opinion is being filed by the rema