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BEENKEN v. CHICAGO AND NORTHWESTERN RAILROAD CO.

No. 72-C-46-CR.

367 F.Supp. 1337 (1973)

Herman BEENKEN et al., Plaintiffs, v. CHICAGO AND NORTHWESTERN RAILROAD COMPANY et al., Defendants.

United States District Court, N. D. Iowa, Cedar Rapids Division.

December 19, 1973.

Attorney(s) appearing for the Case

John L. Butler, Eldora, Iowa, for plaintiffs.

C. W. Garberson, Cedar Rapids, Iowa, for defendants.

B. A. Webster and Brent B. Green, Des Moines, Iowa, for third party defendant.

ORDER

McMANUS, Chief Judge.

This matter is before the court on defendant Trustees of Penn Central Transportation Company's resisted motion for their dismissal as defendants, filed November 13, 1973.

Defendant Trustees' motion for dismissal is apparently based on the defense provided in Fed.R.Civ.P. 12(b)(6), failure to state a claim upon which relief can be granted. In general, the court has broad discretion in ruling on a motion to dismiss, Nayer...

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