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BAKER GROUP, L.C. v. BURLINGTON NORTHERN AND SANTA FE RAILWAY CO.

Nos. 04-4104, 04-4150, 04-4124.

451 F.3d 484 (2006)

THE BAKER GROUP, L.C.; Carle Baker, Jr., Trustee of the MTY Profit Sharing Plan and Trust, Plaintiffs-Appellants, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Defendant-Appellee. Linus L. Baker; Laurence M. Jarvis, Appellants, v. Burlington Northern and Santa Fe Railway Company, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 16, 2006.

Attorney(s) appearing for the Case

Dennis James Campbell Owens, argued, Kansas City, MO (Linus L. Baker of Gardner, KS, on the brief), for appellant.

Curtis L. Tideman, Overland Park, KS (David R. Frye and Jeffrey R. King, Overland Park, KS, on the brief), for appellee.

Before LOKEN, Chief Judge, HANSEN and MELLOY, Circuit Judges.

LOKEN, Chief Judge.

The Baker Group, L.C., and MTY Profit Sharing Plan and Trust (collectively "the Baker Group") commenced this action against Burlington Northern and Santa Fe Railway Company ("BNSF") in Missouri state court, asserting contract and tort claims arising out of a Railroad Car Net Lease Agreement ("the Lease") under which BNSF leased 649 railcars for a ten-year period. BNSF removed the action, invoking the district court's diversity jurisdiction. In...

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