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ROLLWITZ v. BURLINGTON NORTHERN R. R.

No. CV-80-154-BLG.

507 F.Supp. 582 (1981)

Patrick C. ROLLWITZ and Jean C. Rollwitz, husband and wife, Plaintiffs, v. BURLINGTON NORTHERN RAILROAD, a Delaware Corporation, Defendant.

United States District Court, D. Montana, Billings Division.

January 28, 1981.

Attorney(s) appearing for the Case

Blair Jones, Jones Law Firm, Billings, Mont., for plaintiffs.

Gary H. Peterson, Burlington Northern, Inc., Billings, Mont., for defendant.

OPINION AND ORDER

BATTIN, Chief Judge.

This is a tort action to recover for property damage and personal injuries sustained in a car/train collision. The action was originally brought in state court and subsequently removed to federal court by the defendant Railroad. The plaintiffs filed a motion to remand and that motion is presently before the Court.

Plaintiffs were passengers in a car being driven by their son when it collided with a Burlington...

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