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LA. DOTD v. KANSAS CITY SOUTHERN RWY. CO.

No. 2002-C-2349.

846 So.2d 734 (2003)

LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. KANSAS CITY SOUTHERN RAILWAY CO., et al.

Supreme Court of Louisiana.

May 20, 2003.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, James M. Bookter, Lawrence A. Durant, Baton Rouge, Lawrence E. Marino, William M. Hudson, III, Lafayette, Counsel for Applicant.

Bobby S. Gilliam, Wilkinson, Carmody & Gilliam, Shreveport; Albert M. Hand, Jr., Cook, Yancey, King & Galloway, Shreveport; Osborne J. Dykes, III, John S. Stephens, Counsel for Respondent.

CALOGERO, Chief Justice.

Louisiana Department of Transportation and Development ("DOTD") expended several million dollars to remove environmental pollution at a construction site for Interstate 49 in Shreveport, Louisiana. The United States government, through the Federal Highway Administration ("FHWA"), thereafter reimbursed DOTD ninety percent of the remediation costs. DOTD sued, among other defendants, Kansas City Southern Railway Co. ("KCS") under the Louisiana...

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