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WHITTLEY v. BURLINGTON NORTHERN & SANTA FE R. CO.

No. 04-2498.

395 F.3d 829 (2005)

Sharon R. WHITTLEY; Tracy Annette Whittley, Appellees, v. BURLINGTON NORTHERN AND SANTA FE RAILROAD COMPANY; Charles S. Nitsch, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: February 1, 2005.

Attorney(s) appearing for the Case

Cynthia A. Masterson, argued, St. Louis, MO (William A. Brasher, on the brief), for appellant.

Joseph L. Bauer, Jr., argued, St. Louis, MO (James E. Hopkins, Jr, on the brief), for appellee.

Before WOLLMAN, FAGG, and BYE, Circuit Judges.

WOLLMAN, Circuit Judge.

Burlington Northern and Santa Fe Railway Co. (BNSF) appeals the district court's1 grant of Sharon R. Whittley and Tracy Annette Whittley's (the Whittleys) motion to remand to state court based on a lack of subject matter jurisdiction. BNSF argues that the district court should have found fraudulent joinder and that it improperly failed to consider the affidavits that BNSF...

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