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SCHWARTZMAN v. ATCHISON, TOPEKA & SANTA FE RY.

Civ. No. 93-0307 JB.

842 F.Supp. 475 (1993)

SCHWARTZMAN, INC., Plaintiff, v. ATCHISON, TOPEKA & SANTA FE RAILWAY CO., Defendant.

United States District Court, D. New Mexico.

December 3, 1993.

Attorney(s) appearing for the Case

John M. Eaves, David V. Halliburton, Eaves, Bardacke & Baugh, P.A., Albuquerque, NM, for plaintiff.

Peter J. Adang, Peter J. Adang, P.C., Albuquerque, NM, for defendant.

MEMORANDUM OPINION AND ORDER

BURCIAGA, Chief Judge.

THIS MATTER is before the Court on Defendant's August 12, 1993 motion to dismiss count VII (strict liability claim) of Plaintiff's complaint. Having reviewed the pleadings, the relevant law, and having heard the arguments of counsel, the Court finds Defendant's motion is not well taken and is denied.

I. BACKGROUND

Plaintiff owns land in the South Valley area of Bernalillo County...

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