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DAKOTA, MINN. & EASTERN R.R. CORP. v. SOUTH DAKOTA

No. CIV. 02-4083.

236 F.Supp.2d 989 (2002)

DAKOTA, MINNESOTA & EASTERN RAILROAD CORP., Plaintiff, v. State of SOUTH DAKOTA; William Janklow, in his official capacity as Governor of the State of South Dakota; and the Transportation Commission of the South Dakota Department of Transportation, an executive agency of the State of South Dakota, Defendants.

United States District Court, D. South Dakota, Southern Division.

December 6, 2002.

Attorney(s) appearing for the Case

Brian J. Donahoe, Michael D. Bornitz, Kimberly R. Wassink, Cutler & Donahoe, Sioux Falls, SD, for Plaintiff.

Brent A. Wilbur, Neil K. Fulton, May, Adam, Gerdes & Thompson, Pierre, SD, for Defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

This matter came before the Court for trial on August 14, 2002. At the trial, both parties presented evidence and argument regarding the eminent domain issues initially decided by the Court in entering the preliminary injunction. Both parties have now filed post-trial briefs as requested by the Court. The following opinion resolves the claims of the Plaintiff with respect to those issues regarding eminent...

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