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PCI TRANSP., INC. v. FORT WORTH & WESTERN R. CO.

No. 04-10965.

418 F.3d 535 (2005)

PCI TRANSPORTATION, INC., Plaintiff-Appellant, v. FORT WORTH & WESTERN RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 26, 2005.

Attorney(s) appearing for the Case

Hugh Allen Pennington, Jr. (argued), Pennington, Hill & Baker, Fort Worth, TX, for Plaintiff-Appellant.

Richard C. DeBerry (argued), Russell Alan Devenport, Michael Chad Parsons, McDonald Sanders, Fort Worth, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, WIENER and CLEMENT, Circuit Judges.

WIENER, Circuit Judge:

Appellant PCI Transportation, Inc. ("PCI") appeals the district court's orders denying (1) remand, and (2) a preliminary injunction. We affirm.

I. FACTS AND PROCEEDINGS

PCI receives and distributes rail cargo in Fort Worth, Texas, via a distribution warehouse serviced by a spur that comes off of railroad lines of the Union Pacific Railroad ("Union Pacific") and the Burlington Santa Fe Railroad ("BNSF"). Appellee Fort Worth...

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