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SOUTH PLAINS SWITCHING v. BNSF RY. CO.

No. 07-06-0165-CV.

255 S.W.3d 690 (2008)

SOUTH PLAINS SWITCHING, LTD. CO. and South Plains Lamesa Railroad, L.L.C., Appellants v. BNSF RAILWAY COMPANY f/k/a The Burlington Northern and Santa Fe Railway Company, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled May 19, 2008.

Attorney(s) appearing for the Case

James L. Gorsuch, James L. Gorsuch, P.C., Lubbock, for Appellants.

D. Thomas Johnson, McWhorter, Cobb and Johnson, Lubbock, Chris S. Greer, Donald E. Herrmann, Kelly Hart & Hallman LLP, Michael E. Roper, Fort Worth, for Appellee.

Before CAMPBELL and PIRTLE, JJ., and BOYD, S.J.

BOYD, Senior Justice (Retired).

This case arises because of disputes between South Plains Switching, Ltd. Co. (SAW), South Plains Lamesa Railroad, L.L.C. (SLAL), and Burlington Northern Railway Company, formerly known as Burlington Northern and Santa Fe Railway Company (BNSF).

History

Because of the convoluted and extensive history of these disputes, it is necessary to go into that history in some detail. BNSF is a Class I railroad whose principal...

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