Citation Codes Equivalent Citations citation codes Docket Number CIVIL ACTION NO. 05-1907. Motions Motion for summary judgment : Denied Judges Donald Ellsworth Walter See more information ... Smart Summary Please sign up to generate summary. MARCUS LEE v. THE KANSAS CITY SOUTHERN RAILWAY COMPANY. ORDER DONALD WALTER, Senior District Judge Before this Court is a Motion for Summary Judgment [Doc. #43] filed on behalf of defendant, Kansas City Southern Railway Company, pursuant to Federal Rule of Civil Procedure 56. Finding that genuine issues of material fact remain in the case, IT IS ORDERED that defendant's Motion for Summary Judgment [Doc. #43] be and is hereby DENIED.