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PORT CITY PROPERTIES v. UNION PACIFIC R. CO.

No. 06-5187.

518 F.3d 1186 (2008)

PORT CITY PROPERTIES, an Oklahoma corporation d/b/a Hodges Warehouse; Alpine Properties, LLC, an Oklahoma limited liability company, Plaintiffs-Appellants, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 10, 2008.

Attorney(s) appearing for the Case

Kenneth L. Brune of Brune Law Firm, Tulsa, OK, for Plaintiffs-Appellants.

Christopher D. Wolek (Tom L. Armstrong, Robert D. Hart, and Laura L. Eakens with him on the brief) of Gibbs Armstrong Borochoff Mullican & Hart, P.C., Tulsa, OK, for Defendants-Appellees.

Before KELLY, SEYMOUR, and MURPHY, Circuit Judges.

SEYMOUR, Circuit Judge.

Port City Properties, Inc. d/b/a Hodges Warehouse and Alpine Properties, LLC (collectively "Hodges") appeal the district court's denial of their request for a preliminary injunction against Union Pacific Railroad Company ("Union Pacific"). We affirm.

I

Hodges owns and operates a commercial public warehouse in an industrial park located in Tulsa, Oklahoma. An industrial rail track is routed through the park with rail service...

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