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STEWART v. MITCHELL TRANSPORT

Civil Action No. 01-2546-GTV.

241 F.Supp.2d 1216 (2002)

James STEWART and Gloria Stewart, Plaintiffs, v. MITCHELL TRANSPORT, Larry G. Ramsey, Insurance Corporation of Hannover, Defendants.

United States District Court, D. Kansas.

December 23, 2002.

Attorney(s) appearing for the Case

Lawrence D. Flick, Prairie Village, KS, for James Stewart, Gloria Stewart, Plaintiffs.

Roger W. Warren, Jeffrey C. Baker, Sanders Conkright & Warren LLP, Kansas City, MO, for Mitchell Transport, Inc., Larry G. Ramsey, Insurance Corporation of Hannover, Insurance Corporation of Hanover, defendants.

Michael D. Matteuzzi, Michael L. Belancio, Niewald & Brown, P.C., Kansas City, MO, for Associates Insurance Company, movant.

MEMORANDUM AND ORDER

VanBEBBER, Senior District Judge.

Plaintiffs James and Gloria Stewart bring this action to recover for injuries and losses they sustained when Defendant Larry G. Ramsey, an employee of Defendant Mitchell Transport, was driving a tractor-trailer and rear-ended Plaintiff James Stewart's automobile. Plaintiffs submit that they are entitled to recovery pursuant to a private right of action created by 49 U.S.C. § 14704(a)(2), and under...

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