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UNION PACIFIC R.R. CO. v. COAST PACKING CO.

No. CIV-01-01326-GHK.

236 F.Supp.2d 1130 (2002)

UNION PACIFIC RAILROAD COMPANY v. COAST PACKING COMPANY

United States District Court, C.D. California.

Order Denying Reconsideration April 11, 2002.

Attorney(s) appearing for the Case

Michael L. Whitcomb, Union Pacific Railroad, Paul D. Keenan, Philadelphia, PA, Nancy W. Carman, Nancy W. Carman Law Offices, Los Angeles, CA, for Plaintiff.

Stephan S. Smith, Greenberg Glusker Fields Claman Machtinger & Kinsella, Donald J. Sands, Sands & Lerner, Andrew D. Kehagiaras, Countryman & McDaniel, Los Angeles, CA, Stephen C. Herman, Stephen C. Herman Law Offices, Chicago, IL, for Defendant.

KING, District Judge.

PROCEEDINGS: Plaintiff's Motion to Dismiss; Defendant's Motion for Partial Summary Adjudication

This matter is before the court on the parties' above-titled motions. Both motions are fully briefed and appropriate for resolution without oral argument. See Fed.R.Civ.P. 78; Local Rule 7-15 (formerly Local Rule 7.11). After considering all pertinent papers filed therewith, we rule as follows:

I. Background

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