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DeBRUCE GRAIN, INC. v. UNION PACIFIC R. CO.

No. 98-1062.

149 F.3d 787 (1998)

DeBRUCE GRAIN, INC., a Missouri Corporation, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Utah Corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1998.

Attorney(s) appearing for the Case

Peter A. Greene, Washington, DC, argued (David H. Baker and Mark Stephen Foster, on the brief), for Plaintiff-Appellant.

Steven D. Soden, Kansas City, MO, argued (John S. Johnson, on the brief), for Defendant-Appellee.

Before HANSEN and MURPHY, Circuit Judges, and DOTY, District Judge.

MURPHY, Circuit Judge.

DeBruce Grain, Inc. (DeBruce) filed this action against Union Pacific Railroad Company (UPR) claiming that UPR's distribution of rail cars violated federal rail statutes and its tariff. The district court2 dismissed the action without prejudice, finding that it fell within the exclusive and primary jurisdiction of the Surface Transportation Board (STB). DeBruce filed this...

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