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MICH. SOUTHERN R.R. CO. v. BRANCH & ST. JOSEPH

No. 99-1838.

287 F.3d 568 (2002)

MICHIGAN SOUTHERN RAILROAD COMPANY, f/k/a Wabash & Western Railway Co. and Michigan Southern Railroad Co., Inc., Plaintiffs-Appellants, v. BRANCH & ST. JOSEPH COUNTIES RAIL USERS ASSOCIATION, INC. and Indiana Northeastern Railroad Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 24, 2002.

Attorney(s) appearing for the Case

John W. Kneas, Kneas & Brown, Portage, MI, Daniel A. LaKemper (argued and briefed), Peoria, IL, for Plaintiffs-Appellants.

Charles R. Bappert (argued and briefed), Biringer, Hutchinson, Van Doren, Lillis & Bappert, Coldwater, MI, for Defendants-Appellees.

Before: MARTIN, Chief Circuit Judge; SUHRHEINRICH, Circuit Judge; OLIVER, District Judge.

OPINION

OLIVER, District Judge.

Plaintiffs Appellants Michigan Southern Railroad Company and Michigan Southern Railroad Co., Inc. appeal from the district court's dismissal of their complaint for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Plaintiffs brought suit against the Branch & St. Joseph Counties Rail Users Association, Inc., seeking a declaration...

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