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RIDGEWAY v. BURLINGTON NORTHERN SANTA FE

No. 2-05-253-CV.

205 S.W.3d 577 (2006)

Ray RIDGEWAY, Richard Foley and Richard Starkey, Appellants and Appellees, v. BURLINGTON NORTHERN SANTA FE CORP. and the Burlington Northern and Santa Fe Railway Company, Appellees and Appellants.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled October 19, 2006.

Attorney(s) appearing for the Case

Law Offices of Windle Turley, P.C., Windle Turley and Thomas B. Cowart, Dallas, for Appellants.

Thompson & Knight, L.L.P., Debora B. Alsup, Austin, E. Michael Sheehan, Fort Worth, and William M. Katz, Jr., Dallas, for Appellees.

PANEL A: CAYCE, C.J.; DAUPHINOT and GARDNER, JJ.

OPINION

JOHN CAYCE, Chief Justice.

I. Introduction

Ray Ridgeway, Richard Foley, and Richard Starkey (collectively, appellants) appeal from the trial court's order denying class action status to their case against Burlington Northern Santa Fe Corp. and The Burlington Northern and Santa Fe Railway Company (collectively, BNSF). In five issues, appellants contend that the trial court abused its discretion by denying their request for class treatment...

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