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GREMILLION v. KANSAS CITY SOUTHERN RY. CO.

No. 06-493.

945 So.2d 819 (2006)

Ernest R. GREMILLION, Jr., et al. v. KANSAS CITY SOUTHERN RAILWAY COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 10, 2007.

Attorney(s) appearing for the Case

Patrick A. Talley, Jr., New Orleans, LA, Louis P. Warchot, Daniel Saphire, Washington, DC, for Association of American Railroads, Amicus Curiae.

Charles C. Foti, Jr., Attorney General, Baton Rouge, LA, Judith M. Williams, Assistant Attorney General, Louisiana Department of Justice, Division of Risk Litigation, Alexandria, LA, for State of Louisiana, through the Department of Transportation and Development.

Elizabeth S. Hardy, Thomas & Hardy, Lake Charles, LA, Robert A. Johnson, Marksville, LA, for Ernest R. Gremillion, Jr., Duane A. Gremillion, Jacqueline Gremillion Lambert, and Louis M. Gremillion.

Shelly D. Dick, Forrester, Jordan & Dick, Baton Rouge, LA, for Kansas City Southern Railway Co.

Kevin M. Dills, Davidson, Meaux, Sonnier & McElligott, Lafayette, LA, for BNSF Railway Company, Amicus Curiae and Union Pacific Railroad Company, Amicus Curiae.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, and MARC T. AMY, Judges.

AMY, Judge.

The State filed an application for supervisory writs with this court after the trial court rescinded a protective order originally imposed pursuant to 23 U.S.C. § 409. The trial court explained that it was rescinding the protective order due to this court's ruling in Hargrove v. Missouri Pacific Railroad Co., 05-723 (La.App. 3 Cir. 1/18/06), 925 So.2d 25. This court granted the State's application and reinstated...

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