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PAGEL v. BURLINGTON NORTHERN SANTE FE RY. CO.

No. CIV.A. 02-2116-CM.

316 F.Supp.2d 984 (2004)

Ralph and Karen PAGEL, Plaintiffs, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, Defendant.

United States District Court, D. Kansas.

February 10, 2004.

Attorney(s) appearing for the Case

Robert V. Eye, Irigonegaray & Associates, Topeka, KS, for Plaintiffs.

Larry G. Pepperdine, Steven R. Fabert, Fisher, Patterson, Sayler & Smith, Topeka, KS, for Defendant.

MEMORANDUM AND ORDER

MURGUIA, District Judge.

The instant action arises out of an incident occurring on March 15, 2000, at which time an AMTRAK train derailed, and some of its cars overturned. This matter is before the court on Motion of Defendant Burlington Northern Santa Fe Railway Company for Summary Judgment (Doc. 20).

I. Facts1

Plaintiffs Ralph and Karen Pagel are the owners of farmland in...

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