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CITY OF SACHSE, TEXAS v. KANSAS CITY SOUTHERN

No. 4:07-cv-269.

564 F.Supp.2d 649 (2008)

The CITY OF SACHSE, TEXAS, Plaintiff, v. KANSAS CITY SOUTHERN, d/b/a Kansas City Southern Railway Company, Defendant.

United States District Court, E.D. Texas, Sherman Division.

March 20, 2008.

Attorney(s) appearing for the Case

Amber Leah Slayton, Messer Law Firm, Frisco, TX, Michael Allan Lang, Peter G. Smith, Nichols Jackson Dillard Hagar and Smith LLP, Dallas, TX, for Plaintiff.

Paul O. Wickes, James W. Bowen, William Stephen Boyd, Hunton & Williams-Dallas, Dallas, TX, for Defendant.

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION TO REMAND

RICHARD A. SCHELL, District Judge.

I. BACKGROUND

This lawsuit involves a dispute over the condemnation of certain of Kansas City Southern's ("KCS") property by the City of Sachse ("Sachse") so that a railroad grade crossing may be constructed by the city. Sachse determined, through its City Council, that a public necessity warranted the extension of Woodbridge Parkway across...

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