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KANSAS CITY, KAN. v. ATCHISON, T. & S. F. RY. CO.

No. KC-47.

101 F.Supp. 1 (1951)

KANSAS CITY, KAN., et al. v. ATCHISON, T. & S. F. RY. CO.

United States District Court D. Kansas.

November 19, 1951.

Attorney(s) appearing for the Case

Alton H. Skinner, William Drennan, Charles W. Lowder, and Otto Ziegelmeyer (of Drennan, Lowder & Ziegelmeyer), and Blake A. Williamson and James K. Cubbison (of Williamson, Cubbison & Vaughan), all of Kansas City, Kan., for plaintiff.

C. J. Putt, W. E. Treadway, Henry Schulties, Jr., and J. B. Reeves, all of Topeka, Kan. and Willard L. Phillips (of McAnany, Van Cleave & Phillips), Kansas City, Kan., for defendant.

MELLOTT, Chief Judge.

The instant case has been fully tried to the court; and, although it is aware of its obligation to make findings of fact and conclusions of law,1 it refrains from doing so until consideration has been given to certain questions discussed at the trial and argued upon brief, they being properly raised under Rule 12(h).2 Specifically, they are: First, whether "the court lacks jurisdiction...

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