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O'BANNON v. UNION PACIFIC R. CO.

No. 96-0075-CV-W-1.

960 F.Supp. 1411 (1997)

Christopher Dale O'BANNON and Justin Bradley O'Bannon by and through their Next Friend Sharon Michelle O'Bannon, et al., Plaintiffs, v. UNION PACIFIC RAILROAD COMPANY and National Railroad Passenger Corporation (d/b/a Amtrak), Defendants.

United States District Court, W.D. Missouri, Western Division.

April 8, 1997.

Attorney(s) appearing for the Case

James D. Walker, Jr., Kansas City, MO, for plaintiffs.

Theodore J. Williams, Armstrong, Teasdale, Schlafly & Davis, St. Louis, MO, for defendants.

ORDER

WHIPPLE, District Judge.

Pending before the Court are two motions: (1) Defendants' motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 and (2) Plaintiffs' motion to strike portions of an affidavit included in Defendants' summary judgment brief pursuant to Federal Rule of Civil Procedure 12(f).

I. Factual Background

This is a wrongful death action arising out of a collision between a vehicle driven by Kevin O...

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