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A & W PROPS. v. KANSAS CITY SOUTHERN RY.

No. 05-04-01669-CV.

200 S.W.3d 342 (2006)

A & W PROPERTIES, INC., Appellant v. THE KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellee.

Court of Appeals of Texas, Dallas.

August 28, 2006.

Attorney(s) appearing for the Case

Robert H. Westerburg, McCorkle Westerburg & Thornton, P.C., Dallas, TX, for Appellant.

Paul Oliver Wickes, Hunton & Williams LLP, Dallas, TX, for Appellee.

Before Justices FITZGERALD, LANGMIERS, and MAZZANT.

OPINION

Opinion by Justice FITZGERALD.

A & W Properties, Inc. appeals a takenothing summary judgment entered against it and in favor of Kansas City Southern Railway Company (the "Railroad"). In a single issue, A & W challenges the trial court's conclusion that A & W's state-law claims are preempted by the Interstate Commerce Commission Termination Act (the "ICCTA"). We affirm the judgment of the trial court in part and reverse and remand in part...

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