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WRIGHT v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

Nos. 15161-15163.

254 F.Supp. 308 (1966)

John L. WRIGHT and Stella H. Wright, Plaintiffs, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant. Rolland B. MIDDLEKAUFF and Mildred P. Middlekauff, Plaintiffs, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant. George LETZIG and Rachel Letzig, Plaintiffs, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant.

United States District Court W. D. Missouri, W. D.

April 21, 1966.

Attorney(s) appearing for the Case

Linde, Thomson, Van Dyke, Fairchild & Langworthy, Albert Thomson, Kansas City, Mo., for plaintiffs.

Lathrop, Righter, Gordon & Parker, Jack Headley, Kansas City, Mo., for defendant.

JOHN W. OLIVER, District Judge.

These consolidated cases pend on the following timely filed post-trial motions:

1. Plaintiffs' motion for partial new trial on the sole issue of damages; and 2. Defendant's motion for judgment notwithstanding the verdict.

For the reasons we shall state in some detail, plaintiffs' motion will be denied; defendant's motion will be granted; and, consistent with the rationale of Montgomery Ward & Co. v. Duncan...

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