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BNSF RY. CO. v. TOWN OF VINTON

No. CW 2007-890.

980 So.2d 152 (2008)

BNSF RAILWAY COMPANY, et al. v. The TOWN OF VINTON, et al.

Court of Appeal of Louisiana, Third Circuit.

March 12, 2008.

Attorney(s) appearing for the Case

Charles Carmen Foti, Jr., Attorney General, Baton Rouge, LA, for Defendant/Applicant, State of Louisiana, DOTD.

Stacey Allen Moak, Stacy Moak & Associates, Baton Rouge, LA, for Defendant/Applicant, State of Louisiana, DOTD.

John Edmund McElligott, Jr., Davidson, Meaux, Sonnier & McElligott, Lafayette, LA, for Plaintiffs/Respondents, Union Pacific Railroad Company BNSF Railway Company.

Christopher W. Stidham, Attorney at Law, Baton Rouge, LA, for Defendant/Applicant, State of Louisiana, DOTD.

Court composed of JOHN D. SAUNDERS, JIMMIE C. PETERS, and MICHAEL G. SULLIVAN, Judges.

SAUNDERS, Judge.

This case arises out of a collision between a pickup truck and a train, operated by the BNSF Railway Company (hereinafter "BNSF"), in the Town of Vinton, Louisiana, in Calcasieu Parish. We granted writs to determine whether the Department of Transportation and Development (hereinafter "the DOTD") has established that certain information sought by plaintiffs during discovery is privileged under 23 U.S.C. § 409.

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