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ILLINOIS CENTRAL R. CO. v. MAYEUX

No. 01-30880.

301 F.3d 359 (2002)

ILLINOIS CENTRAL RAILROAD COMPANY, Plaintiff-Appellee, v. James E. MAYEUX; et al., Defendants, James E. Mayeux and Barbara Richard Mayeux, Defendants-Appellants. James E. Mayeux and Barbara Richard Mayeux, Plaintiffs-Appellants, v. Illinois Central Railroad Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 1, 2002.

Attorney(s) appearing for the Case

Frank S. Craig, III (argued), Ben B. Hu, Breazeale, Sachse & Wilson, Baton Rouge, LA, for Plaintiff-Appellee.

William C. Shokey (argued), Paolo J. Messina, Shockey & Associates, Baton Rouge, LA, for Defendants-Appellants.

Before REAVLEY, SMITH and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Illinois Central Railroad Co. seeks to expropriate a strip of private property for the purpose of building a rail spur to a chemical storage facility on the Mississippi River. Under Louisiana law, a railroad company may expropriate private property only if it establishes a "public and necessary purpose" for the expropriation. The district court granted Illinois Central's motion for partial summary judgment on that issue, finding that the railroad...

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