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BROADHEAD v. KANSAS POWER AND LIGHT CO.

No. 81-1811.

671 F.2d 1264 (1982)

Louis Guy BROADHEAD f/d/b/a Broadhead's Family Food Center, I.G.A. and Sharon Sue Broadhead f/d/b/a Broadhead's Family Food Center, I.G.A., Plaintiffs-Appellants, v. KANSAS POWER AND LIGHT COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 1, 1982.

Attorney(s) appearing for the Case

Dan E. Turner, Topeka, Kan., for plaintiffs-appellants.

Steven Carr, Topeka, Kan. (David S. Black, Vice President, Gen. Counsel, Topeka, Kan., with him on the brief), for defendant-appellee.

Before McKAY, McWILLIAMS and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

This is an appeal by the trustee in bankruptcy from the district court's ruling that it does not have jurisdiction to entertain a negligence suit by the trustee against Kansas Power and Light Company (KPL). Under the particular facts of this case, we agree that 11 U.S.C. § 46 prevents the trustee from pursuing his plenary action in federal court.

Louis and Sharon Broadhead, formerly doing business as Broadhead's Family Food Center...

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