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OPPENHEIMER GATEWAY v. NATIONAL R. PASSENGER CORP.

Nos. 78-60C(1), 78-83C(1).

494 F.Supp. 124 (1980)

OPPENHEIMER GATEWAY PROPERTIES INC. et al., Plaintiffs, v. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK), Defendant. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) v. 12.65 ACRES OF LAND IN the CITY OF ST. LOUIS, STATE OF MISSOURI et al., Defendants.

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

June 20, 1980.

Attorney(s) appearing for the Case

Henry D. Menghini, Evans & Dixon, St. Louis, Mo., for plaintiffs.

G. Lane Roberts, J. Richard McEachern, Guilfoil, Symington, Petzall & Shoemake, St. Louis, Mo., for defendant.

MEMORANDUM

WANGELIN, District Judge.

This matter is before the Court upon defendant Amtrak's motion to dismiss plaintiff's amended complaint in Case No. 78-60 C (1) for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

This is a diversity action for breach of contract, with jurisdiction based on 28 U.S.C. § 1332(a). By Order of this Court dated March 24, 1978, defendant...

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