BARNES v. UNION PACIFIC RAILROAD COMPANY

No. 3214.

139 F.Supp. 198 (1956)

Arline E. BARNES, individually, and Arline E. Barnes, Administratrix of the Estate of Albert Roy Barnes, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant.

United States District Court D. Idaho, S. D.

March 14, 1956.


Attorney(s) appearing for the Case

Harold Henigson, Nyssa, Or., Gigray & Boyd, Caldwell, Idaho, for plaintiff.

L. H. Anderson, Pocatello, Idaho, for defendant.


TAYLOR, District Judge.

This matter is presently before the Court on defendant's motion to dismiss the plaintiff's action on the grounds that her complaint fails to state a claim against the defendant upon which relief can be granted, that the amount of damages set forth in the complaint is in excess of that authorized by the statutes of the state of Oregon, that plaintiff cannot prosecute this suit individually or jointly with the administratrix, and that, as plaintiff...

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