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GARAY v. MISSOURI PACIFIC R. CO.

No. CIV. A. 96-1127-WEB.

60 F.Supp.2d 1168 (1999)

Genaro GARAY and Eva Garay, parents and heirs of Nicholas Garay, deceased, and Ann Case, personal representative and administrator of the estate of Nicholas Garay, Plaintiffs, v. MISSOURI PACIFIC RAILROAD COMPANY, a corporation, Union Pacific Railroad Company, a corporation, and Trinity Industries, Inc., individually and as successor to Pullman-Standard, Inc., and FMC Corporation, Defendants.

United States District Court, D. Kansas.

June 22, 1999.

Attorney(s) appearing for the Case

Pedro L. Irigonegaray, Irigonegaray & Associates, Nicolas Garay, Topeka, KS, Robert L. Pottroff, Myers, Pottroff & Ball, Manhattan, KS, Bradley W. Maudlin, Loyd & Maudlin Law Offices, LLC, Garden City, KS for Plaintiffs.

James M. Yeretsky, Gregory F. Maher, Michael J. Smith, Yeretsky & Maher, L.L.C., Kansas City, MO, for defendants Missouri Pacific R. Co., Union Pacific R. Co.

Kenneth L. Weltz, Lathrop & Gage L.C., Overland Park, KS, Brad W. Schacht, Hugh Q. Gottschalk, Todd A. Fredrickson, Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Denver, CO, for defendants Trinity Inc., Pullman.

Memorandum and Order

WESLEY E. BROWN, Senior District Judge.

This matter came before the court on June 21, 1999, for a motions and status hearing. This written memorandum will summarize the oral rulings made by the court at the hearing.

1. Defendants' Motion in Limine to Exclude Expert Testimony of Plaintiffs' Engineer, John Sevart. According to the materials submitted, Mr. Sevart is a former tenured professor in the area of mechanical...

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