MEMORANDUM AND ORDER
BELOT, District Judge.
This matter is before the court on the motion of defendants for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c), and for summary judgment. Fed.R.Civ.P. 56(c).
Plaintiff has filed this diversity action for damages arising from a truck/motorcycle accident in Wichita County, Kansas. Dennis L. Hembree, who died from the injuries he sustained in that accident, was survived
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