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MILLER v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

No. N70 C 20.

325 F.Supp. 604 (1971)

Max MILLER and Opal Miller, husband and wife et al., Plaintiffs, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., a Corporation, A T & S F, Inc., a Corporation, Defendants.

United States District Court, E. D. Missouri, N. D.

April 22, 1971.

Attorney(s) appearing for the Case

E. Richard Webber, Memphis, Mo., Tom Brown, Brown & Phillips, Edina, Mo., for plaintiffs.

Sam D. Parker, Jack W. R. Headley, Joseph E. Stevens, Jr., Kansas City, Mo., Ben Ely and James E. Cary, Ely & Cary, Hannibal, Mo., for defendants.

MEMORANDUM

WANGELIN, District Judge.

This matter is before the Court on defendant's motion for summary judgment with supporting affidavits and suggestions in support of the motion. Plaintiffs filed suggestions in opposition to the motion and the parties were heard on the matter.

This action was commenced in the Circuit Court of Scotland County, Missouri, and thereafter removed to this Court on the basis of diversity of citizenship and amount in controversy...

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