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PORTER v. ATCHISON, TOPEKA AND SANTA FE RY. CO.

Civ. A. No. 4-90-416-A.

768 F.Supp. 571 (1991)

Judy M. PORTER, et al., Plaintiffs, v. The ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY, et al., Defendants.

United States District Court, N.D. Texas, Fort Worth Division.

March 19, 1991.

Attorney(s) appearing for the Case

Gregory James Schroedter, Charles Gregory Albert, Bell Boyd & Lloyd, Chicago, Ill., Roger J. Thomas, Jeffrey George Shorba, Patricia N. Harris, Bell Boyd & Lloyd, Washington, D.C., and Dennis Dean Gibson, Bell Boyd & Lloyd, Dallas, Tex., for plaintiffs.

Donald Edward Herrmann, Kelly Hart & Hallman, Fort Worth, Tex., George P. Parker, Jr., Matthews & Branscomb, San Antonio, Tex., and Mark A. Casciari and J. Stephen Poor, Seyfarth Shaw Fairweather & Geraldson, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

McBRYDE, District Judge.

Came on to be considered the motion of defendant, The Atchison, Topeka and Santa Fe Railway Company ("Santa Fe"),1 to dismiss or, in the alternative, for summary judgment. Having considered the motion and all matters proper to be considered in connection therewith, including, with consent of the parties, evidence received and admissions made at the hearing on class certification...

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