JUSTICE v. ATCHISON, TOPEKA AND SANTA FE RY. CO.

No. 90-6260.

927 F.2d 503 (1991)

Jack JUSTICE, Individually and d/b/a Reavis Drug; Cottie's Inc., an Oklahoma corporation; Pauls Valley Farm and Ranch Supply, Inc., an Oklahoma corporation; Jerry Norton; Lillyn Norton, d/b/a Norton's Jewelry; Lahoma Becktel; Stufflebeans, Inc., an Oklahoma corporation; Robert T. Rennie, Jr.; Densel Williamson; Betty Williamson, d/b/a William's Furniture; Gary Archer; Lavon Archer; Donnie Green; Mary Maurine Berry, d/b/a Lee's Carpetland; Edward T. Tillery; Alpha Edwards, d/b/a Alph's Style Shop; Leonard Blaine Brumley, d/b/a Lou's Shoe Box; Mary Justice; Craig Carson; Don Cook, d/b/a Cook & Carson TV and Appliance; Harrell Driskill, d/b/a Indian Nation Sales; James McEuin; Wanda McEuin, d/b/a Mac's Stained Glass and Builder Supply; Ted Blevins; Joyce Blevins, for themselves and for all other similarly situated, Plaintiffs-Appellants, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, successor in interest to Gulf, Colorado and Santa Fe Railway Company, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 28, 1991.


Attorney(s) appearing for the Case

Alan Agee, Brett Agee, and James W. Carlton, Jr., of Garvin & Agee, Pauls Valley, Okl., on briefs for plaintiffs-appellants.

Hugh D. Rice, H.D. Binns, Jr., Robert J. Campbell, Jr., and Roberta Browning Fields of Rainey, Ross, Rice & Binns, Oklahoma City, Okl., on briefs for defendant-appellee.

Before McKAY, MOORE and BRORBY, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

Appellants Jack Justice, et al., plaintiffs in the trial court, appeal from the denial of their motion to remand either the entire case or at least...

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