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CEDARAPIDS, INC. v. CHICAGO, CENTRAL & PACIFIC R. CO.

No. C02-0081.

265 F.Supp.2d 1005 (2003)

CEDARAPIDS, INC., Plaintiff, v. CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY D/B/A CANDIAN NATIONAL/ILLINOIS CETRAL RAILROAD (CN/IC), Defendant.

United States District Court, N.D. Iowa, Cedar Rapids Division.

May 21, 2003.

Attorney(s) appearing for the Case

James A Fletcher, Myles L Tobin, James D Helenhouse, Fletcher & Sippel, LLC, Chicago, IL, Edward J Krug, Krug & Beckelman, Cedar Rapids, IA for Defendant.

Paul Petersen, Mark A Roberts, Mark A Roberts, Morf, Simmons Perrine Albright Ellwood, Cedar Rapids, IA, for Defendant.

OPINION AND ORDER REGARDING PLAINTIFF'S MOTION TO REMAND AND DEFENDANT'S MOTION TO DISMISS

READE, District Judge.

I. INTRODUCTION

On October 13, 1995, plaintiff Cedarapids, Inc. ("Cedarapids") and defendant Chicago, Central & Pacific Railroad Company d/b/a Canadian National/Illinois Central Railroad ("CC & P") entered into a real property lease pursuant to which CC & P leased to Cedarapids property which included a railroad right...

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