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ELLERS, OAKLEY, CHESTER & RIKE v. HAITH & CO.

Civ. A. Nos. 89-2145-S, 89-2146-S.

728 F.Supp. 646 (1989)

ELLERS, OAKLEY, CHESTER & RIKE, INC., Plaintiff, v. HAITH & COMPANY, INC., Defendant. ELLERS, OAKLEY, CHESTER & RIKE, INC., Plaintiff, v. ST. LOUIS AIR CARGO SERVICES, INC. and Haith & Company, Inc., Defendants.

United States District Court, D. Kansas.

December 7, 1989.

Attorney(s) appearing for the Case

Robert J. Harrop, Courtney J. Fuchs, Gage & Tucker, Kansas City, Mo., Stephen A. Murphy, Gage & Tucker, Timothy W. Triplett, Blackwell, Sanders, Matheny, Weary & Lombardi, Overland Park, Kan., Larry McMullen, David B. Raymond, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., for plaintiff.

James F. Duncan, Robert B. Best, Jr., Emily Jane Bailey, Watson, Ess, Marshall & Enggas, Kansas City, Mo., for defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on the motions of defendants Haith & Company, Inc. ("Haith") and St. Louis Air Cargo Services, Inc. ("St. Louis Air Cargo") to dismiss, or in the alternative, for summary judgment based on the doctrine of collateral estoppel. Because both parties have submitted matters outside of the pleadings for the court's consideration, the court will treat defendants' motion as one for...

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