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POWER v. NORFOLK & WESTERN RY. CO.

No. 91-1746C(5).

778 F.Supp. 468 (1991)

Roger L. POWER and Laural A. Power, Natural Father and Mother of Larry Scott Power, Deceased, Plaintiffs, v. NORFOLK & WESTERN RAILWAY CO., Defendants.

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

December 3, 1991.

Attorney(s) appearing for the Case

Robert W. Bosslet, Morris B. Chapman & Associates Ltd., St. Louis, Mo., Timothy C. Harlan, Russell C. Still, Harlan, Harlan Still & Bill, Columbia, Mo., for plaintiffs.

Dan H. Ball, J. Powell Carman, Thompson & Mitchell, St. Louis, Mo., for Norfolk & Western Ry. Co.

MEMORANDUM

LIMBAUGH, District Judge.

Plaintiffs originally filed this cause of action in the Circuit Court for the City of St. Louis naming John Oliver, Inc. (a Missouri corporation) as one of two defendants. Thereafter, on January 31, 1991, plaintiffs amended their petition replacing John Oliver, Inc. with John Oliver (a Missouri resident). Mr. Oliver filed a motion to dismiss for failure to state a claim. On August 6, 1991 the Circuit Court granted Mr...

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