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

No. 92-1253-PFK.

820 F.Supp. 558 (1993)

Mike ENGBERG, Rick Morgan and Neva Balzer, Individually and in Behalf of All Other Members of the Defendant Unions Similarly Situated, Plaintiffs, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; District Lodge # 19, International Association of Machinists and Aerospace Workers, AFL-CIO; International Brotherhood of Firemen and Oilers, System Council # 19, AFL-CIO; and Brotherhood of Railway Carmen Division, Transportation and Communications International Union, AFL-CIO, Defendants.

United States District Court, D. Kansas.

Memorandum on Denial of Reconsideration May 3, 1993.

Attorney(s) appearing for the Case

Jim Lawing, Wichita, KS, for plaintiffs.

Paul R. Hoferer, Nola Wright Viola and Steve Phillips, Topeka, KS, for defendant Atchison, Topeka & Santa Fe Ry. Co.

Michael S. Wolly, Mulholland & Hickey, Washington, DC, for defendant unions.

MEMORANDUM AND ORDER

PATRICK F. KELLY, Chief Judge.

Plaintiffs originally brought this action against defendants Atchison, Topeka and Santa Fe Railway Company (Santa Fe) and plaintiffs' respective labor unions on May 16, 1992. (Dkt. No. 1.) The unions were properly served. Santa Fe, however, was not served until October 15, 1992, 152 days after the complaint was filed. Thus, Santa Fe moved to dismiss this matter against it, pursuant to Fed.R.Civ.P. 12(b...

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