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SCHILLINGER v. UNION PACIFIC R. CO.

No. 05-8019.

425 F.3d 330 (2005)

George and Ruth SCHILLINGER, Respondents, v. UNION PACIFIC RAILROAD COMPANY and Union Pacific Corporation, Petitioners.

United States Court of Appeals, Seventh Circuit.

Decided October 5, 2005.

Attorney(s) appearing for the Case

Catherine M. Colinvaux, Zelle, Hofmann, Voelbel, Mason & Gette, Waltham, MA, for Respondents.

Ron Bodinson, Shook, Hardy & Bacon, Overland Park, KS, for Petitioners.

Before POSNER, KANNE, and WOOD, Circuit Judges.

WOOD, Circuit Judge.

Union Pacific Railroad Company and Union Pacific Corporation removed this suit to federal court, invoking the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4 (2005) (CAFA). The district court remanded after determining that the case formally began before CAFA's effective date of February 18, 2005, and thus was not subject to the Act. The companies acknowledge that the suit predates CAFA...

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