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SHORT v. ULTRAMAR DIAMOND SHAMROCK

No. Civ.A. 98-2137-GTV.

46 F.Supp.2d 1199 (1999)

Maxine SHORT, Robert Stephen Short, and Lawrence Mark Short, Plaintiffs, v. ULTRAMAR DIAMOND SHAMROCK and Total Petroleum, Inc., successors in interest to Total Petroleum, Inc. and Pacer Oil Company, Inc., Defendants.

United States District Court, D. Kansas.

April 22, 1999.

Attorney(s) appearing for the Case

Elizabeth D. Badger, Steven J Boyd, Jacqueline J. McCoy, Badger & Levings, L.C., Kansas City, MO, for plaintiffs.

Leonard J. Johnson, Brian A. Mark, Morrison & Hecker L.L.P., Kansas City, MO, for defendants.

MEMORANDUM AND ORDER

VanBEBBER, Chief Judge.

Plaintiffs filed this action against defendants seeking recovery for damages arising out of defendants' alleged contamination of plaintiffs' real property. The case comes before the court on motions of defendant Total Petroleum, Inc. ("TPI") to dismiss (Docs. 7 and 36) Count V of plaintiffs' original Complaint and First Amended Complaint. Because plaintiffs filed an amended complaint on January 26, 1999...

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