Legal Opinion

Atchison, T. & S. F. Ry. Co. v. Ross

District Court, W.D. Missouri

Decided February 6, 1950No. 6082PublishedCited by 4 opinions

1Opinion of the Court

RIDGE, District Judge.

Plaintiff brings this declaratory judgment action alleging that it is threatened with a multiplicity of suits on identical claims, involving the same issues and same evidence, except in respect of the amount of damages claimed by the separate defendants. Defendants are farmers, owning’ land in Ray County, Missouri, located adjacent to plaintiff’s railroad right-of-way. Defendants Ross and Dugan, owners of one such tract of land, have filed three separate actions against plaintiff in a court of the State of Missouri, claiming damages to crops by reason of surface and…

2Cases cited24 opinions

  1. Commissioner v. SunnenSupreme Court of the United States · 1948
  2. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  3. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  4. Douglas v. City of JeannetteSupreme Court of the United States · 1943
  5. Matthews v. RodgersSupreme Court of the United States · 1932

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3Cited by4 opinions

  1. Allstate Ins. Co. v. ThompsonDistrict Court, W.D. Arkansas · 1954
  2. Chicago, Burlington & Quincy Railroad v. North Kansas CitySupreme Court of Missouri · 1963
  3. Lumbermens Mutual Casualty Co. v. EdelmanDistrict Court, W.D. Missouri · 1963
  4. Yuba Consolidated Gold Fields v. KilkearyDistrict Court, N.D. California · 1952

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