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BRADFORD v. UNION PACIFIC R.R. CO.

No. 05-CV-4075.

491 F.Supp.2d 831 (2007)

Gloria BRADFORD, Individually and as Class Representative on Behalf of All Similarly Situated Persons; Ned Burnett, Jr., Individually and as Class Representative on Behalf of All Similarly Situated Persons; Samuel Alexander, Individually and as Class Representative on Behalf of All Similarly Situated Persons; Books Etc., by and through Gloria Bradford, Class Representative on Behalf of All Those Similarly Situated; and Stella Patricia Smith, Individually and as Class Representative on Behalf of All Similarly Situated Persons, Plaintiffs v. UNION PACIFIC RAILROAD COMPANY, Defendant.

United States District Court, W.D. Arkansas, Texarkana Division.

June 7, 2007.

Attorney(s) appearing for the Case

Matthew David Karnas, Bellovin Karnas P.C., Tucson, AZ, R. Gary Nutter, Dunn, Nutter & Morgan, L.L.P., Texarkana, AR, Roger W. Orlando, The Orlando Firm, P.C., Decatur, GA, Barry G. Reed, Bradley Howard Astrowsky, Zimmerman & Reed, PLLP, Scottsdale, AZ, for Plaintiffs.

George L. McWilliams, Leisa B. Pearlman, Sean F. Rommel, Patton, Roberts, McWilliams, Greer & Capshaw, L.L.P., Texarkana, TX, William H. Howard, III, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, New Orleans, LA, Eugene Joseph Podesta, Jr., Baker, Donelson, Bearman, Caldwell and Berkowitz, Memphis, TN, Jack T. Patterson, II, Patton Roberts McWilliams Capshaw LLP, Little Rock, AR, for Defendant.

MEMORANDUM OPINION

BARNES, District Judge.

Before the Court is a Motion to Dismiss Plaintiffs' Fourth Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6), filed on behalf of Defendant Union Pacific Railroad Company ("Union Pacific"). (Doc. 48). Union Pacific seeks dismissal of Plaintiffs' claims en toto based on preemption by federal regulations. Plaintiffs have responded. (Doc. 67). Union Pacific has replied to Plaintiffs' response. (Doc....

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