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VIGIL v. BURLINGTON NORTHERN AND SANTA FE RY. CO.

No. CIV 06-0212 RB/WDS.

521 F.Supp.2d 1185 (2007)

Eric VIGIL and Kimberly Vigil, Individually, as Personal Representatives of the Estate of Justin Vigil, and as Next Friends of Jacob Vigil, and Juan Moya and Josie Moya, Individually, and Personal Representatives of the Estate of Jacob Moya, and as Next Friends of Justina Moya, Plaintiffs, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY CO., a Delaware Corporation and The National Railroad Corp., a/k/a Amtrak, Defendants.

United States District Court, D. New Mexico.

August 3, 2007.

Attorney(s) appearing for the Case

Kenneth G. Egan, Angel L. Saenz, Las Cruces, NM, for Plaintiffs.

Earl E. Debrine, Jr., Tim L. Fields, Modrall, Sperling, Roehl, Harris & Sisk, PA, Alex Cameron Walker, Albuquerque, NM, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. BRACK, District Judge.

THIS MATTER came before the Court on Defendants' Motion to Strike Affidavit of Allen Haley and to Exclude Opinions (Doc. 124), filed on May 7, 2007; Defendants' Motion to Strike Second Affidavit of Allen Haley and to Exclude New Opinions (Doc. 136), filed on May 24, 2007; Defendants' Motion for Summary Judgment (Federal Preemption) (Doc. 74), filed on March 9, 2007; Plaintiffs...

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