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ACKER v. BURLINGTON NORTHERN AND SANTA FE RY. CO.

No. 00-2487-GTV.

347 F.Supp.2d 1025 (2004)

Ralph E. ACKER, Wilma J. Acker, and Everseal Gasket, Inc., Plaintiffs, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Defendant.

United States District Court, D. Kansas.

December 3, 2004.

Attorney(s) appearing for the Case

Steven R. McConnell, James F. McMahon, McConnell & McMahon, Lenexa, KS, for Plaintiff.

K. Paul Day, Patrick N. Farming, Lathrop & Gage L.C., Todd E. Hilton, Stueve Helder Siegel LLP, Kansas City, MO, for Defendant.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

Plaintiffs Ralph E. and Wilma J. Acker and Everseal Gasket, Inc. bring this negligence action alleging that Defendant Burlington Northern and Santa Fe Railway Co. caused flooding to their gasket manufacturing plant when Defendant left several cars of one of its trains on the tracks adjacent to a watercourse during a torrential rainstorm. According to Plaintiffs, Defendant's actions resulted in a dam effect...

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