FARGO, ND (AP) - Attorneys say a lawsuit filed against a South Dakota trucking company over a North Dakota traffic accident should be dropped in federal court.

Arvid and Eva Mittleider of Ellendale filed the suit against SS & H Ag Supplies Inc., and truck driver Austin Zens.

The complaint said Zens was negligent in driving a tractor-trailer rig that rear-ended Arvid Mittleider's pickup in May 2008.

An attorney for the Ashton, S.D., company said Mittleider was not driving in a "lawful manner" and there were no serious injuries as a result of an accident.

A judge has not ruled on the request to dismiss the lawsuit.