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STATE v. ILLINOIS CENTRAL R.R. CO.

Nos. 2004 CA 1789, 2005 CW 0886.

928 So.2d 60 (2005)

STATE of Louisiana v. ILLINOIS CENTRAL RAILROAD COMPANY d/b/a Canadian National/Illinois Central Railroad, Capital Marine Supply, and CTC Minerals, Inc.

Court of Appeal of Louisiana, First Circuit.

December 22, 2005.

Attorney(s) appearing for the Case

Leon Gary, Jr., William L. Schuette, Antonio D. Robinson, Baton Rouge, Counsel for Plaintiff/Appellee State of Louisiana.

Scott N. Hensgens, Douglas K. Williams, Baton Rouge, Counsel for Defendant/Appellant (1st) Illinois Central Railroad Co.

C. Michael Hart, Baton Rouge, Counsel for Defendant/Appellant (2nd) Capital Marine Supply, Inc.

Before: KUHN, GUIDRY, and PETTIGREW, JJ.

KUHN, J.

These proceedings involve a suit filed by the State of Louisiana ("the State") against defendants, Illinois Central Railroad Company d/b/a/ Canadian National/Illinois Central Railroad ("ICRR") and Capital Marine Supply, Inc. ("Capital Marine"). We consider the trial court's ruling sustaining in part and denying in part ICRR's exception raising the objection of lack of subject matter jurisdiction, and specifically whether the Interstate Commerce Commission...

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