Legal Opinion

Adams v. Burlington Northern Railroad

District Court, D. Kansas

Decided November 16, 1993No. Civ. A. 93-2051-GTVPublishedCited by 8 opinions

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

  1. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  2. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  3. Lorillard v. PonsSupreme Court of the United States · 1978
  4. Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981
  5. McDonald v. City of West BranchSupreme Court of the United States · 1984

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3Cited by8 opinions

  1. Julian v. City of HoustonCourt of Appeals for the Fifth Circuit · 2002
  2. Alfred St. Louis v. Texas Worker's Compensation Commission, Texas Worker's Compensation CommissionCourt of Appeals for the Fifth Circuit · 1995
  3. Wilkerson v. Martin Marietta Corp.District Court, D. Colorado · 1997
  4. Blistein v. St. John's CollegeDistrict Court, D. Maryland · 1994
  5. Simon v. Manufacturers Hanover Trust Co.District Court, S.D. New York · 1994

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