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UTECH v. ST. LOUIS SOUTHWESTERN RY. CO.

Civ. A. No. 89-2245-O.

716 F.Supp. 535 (1989)

James C. UTECH, Plaintiff, v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, Defendant.

United States District Court, D. Kansas.

July 24, 1989.

Attorney(s) appearing for the Case

Gene C. Napier, Hubbell, Sawyer, Peak & O'Neal, Kansas City, Mo., and Robert D. Loughbom, Kansas City, Kan., for plaintiff.

Dwight D. Sutherland, Jr., Watson, Ess, Marshall & Enggas, Olathe, Kan., and Philip J. Adams, Jr., Watson, Ess, Marshall & Enggas, Kansas City, Mo., for defendant.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is before the court on the defendant's motion to dismiss. The plaintiff has failed to timely respond to the motion, which was filed on June 21, 1989; however, on July 21, 1989 ten (10) days out of time, the plaintiff filed a motion for an extension. Because we find no excusable neglect,1 the motion for an extension is denied. See D.Kan. Rule 114. We thus consider...

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