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ADAMS v. BURLINGTON NORTHERN R. CO.

Civ. A. No. 93-2051-GTV.

838 F.Supp. 1461 (1993)

Leroy ADAMS, et al., Plaintiffs, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant.

United States District Court, D. Kansas.

November 16, 1993.

Attorney(s) appearing for the Case

Michael E. Callen, Callen, Sexton & Shelor, Kansas City, KS, Dan M. Norwood, Michelle B. Walters, The Norwood Law Firm, Memphis, TN, for plaintiffs.

Barbara A. Harmon, David J. Waxse, Shook, Hardy & Bacon, Overland Park, KS, Thomas J. Knapp, Lawrence M. Stroik, Charles Shewmake, Burlington Northern R. Co., Ft. Worth, TX, William A. Brasher, Brasher Law Firm, St. Louis, MO, for defendant.

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

This is an action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., brought by several employees of defendant Burlington Northern Railroad Company. The case is before the court on the following motions:

Defendant's motion to dismiss for lack of subject matter jurisdiction (Doc. 26), and Defendant's motion to dismiss for failure to allege condition...

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