MEMORANDUM OPINION AND ORDER
CUMMINGS, District Judge.
On this day the Court considered Defendant Friedman & Son, Inc.'s ("Friedman") Motion to Dismiss filed December 19, 1997. On January 12, 1998, Plaintiff The Burlington Northern & Santa Fe Railway Co. ("Burlington") filed a Response to the Motion. Friedman filed a Reply to Burlington's Response on January 27, 1998. After considering all relevant arguments and evidence, the Court
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