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ST. LOUIS SOUTHWESTERN RY. v. BD. OF COUNTY COM'RS

Civ. A. No. 88-4315-O.

716 F.Supp. 13 (1989)

ST. LOUIS SOUTHWESTERN RAILWAY CO., a Corporation, Plaintiff, v. The BOARD OF COUNTY COMMISSIONERS OF SEWARD COUNTY, KANSAS; Seward County, Kansas; National Carriers, Inc.; Patricia A. Shoemate; and National Continental Insurance and/or Progressive Casualty Insurance Co., Defendants.

United States District Court, D. Kansas.

July 7, 1989.

Attorney(s) appearing for the Case

Mark L. Bennett, Jr., Bennett, Dillon & Callahan, Topeka, Kan., for plaintiff.

Dana M. Harris, Wallace, Saunders, Austin, Brown & Enochs, Chtd., Overland Park, Kan., John W. Lee, Susan A. Carstens, John W. Lee & Associates, Houston, Tex., for Nat. Carriers, Inc., Patricia A. Shoemate, Nat. Continental Ins., and Progressive Cas. Ins. Co.

Lee Turner, Allen Glendenning, Harry Bleeker, David Lips, Lisa Beran, Great Bend, Kan., for the Bd. of County Com'rs of Seward County, Kan., and Seward County, Kan.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This action arises from a February 4, 1987, truck-train collision in Liberal, Kansas. Plaintiff railway has brought this lawsuit to recover property damages caused by the collision and to seek contribution for personal injury damages for which it may be liable in a related Federal Employers' Liability Act ("FELA") case, which case was filed in Texas state court by the railway engineer injured in the collision...

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