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ATKINSON v. UNION PACIFIC R. CO.

Civ. A. No. 85-2224-S.

628 F.Supp. 1117 (1985)

Terry J. ATKINSON, et al., Plaintiffs, v. UNION PACIFIC RAILROAD COMPANY, and Missouri Pacific Railroad Company, Defendants.

United States District Court, D. Kansas.

November 12, 1985.

Attorney(s) appearing for the Case

J.D. Lysaught, Mark D. Hinderks, Charles O. Thomas, Weeks, Thomas & Lysaught, Kansas City, Kan., for plaintiffs.

Brian J. Finucane, Leonard Singer, Watson, Ess, Marshall & Enggas, Kansas City, Mo., Joel L. Norton, Douglas C. McKenna, Olathe, Kan., for defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendants' motion for summary judgment on the basis that the court lacks subject matter jurisdiction over the claims alleged in the complaint. Defendants contend that the claims alleged in the complaint must be resolved through arbitration procedures established by the Interstate Commerce Commission [hereinafter ICC] pursuant to 49 U.S.C. § 11347. In opposition, plaintiffs...

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