Adams v. Burlington Northern Railroad
District Court, D. Kansas
1Opinion of the Court
MEMORANDUM AND ORDER
VAN BEBBER, District Judge.
This is an action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., brought by several employees of defendant Burlington Northern Railroad Company. The case is before the court on the following motions:
Defendant’s motion to dismiss for lack of subject matter jurisdiction (Doc. 26), and Defendant’s motion to dismiss for failure to allege condition precedent under Fed. R.Civ.P. 9(c) (Doc. 27).
For the reasons set forth in this memorandum and order, both motions are denied.
I. Background
Plaintiffs began their employment…
2Cases cited25 opinions
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
- Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
- Lorillard v. PonsSupreme Court of the United States · 1978
- Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981
- McDonald v. City of West BranchSupreme Court of the United States · 1984
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- Simon v. Manufacturers Hanover Trust Co.District Court, S.D. New York · 1994
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