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UNION PACIFIC v. LOUISIANA PUBLIC SERVICE COM'N

No. 10-31241.

662 F.3d 336 (2011)

UNION PACIFIC RAILROAD COMPANY, Plaintiff-Appellant, v. LOUISIANA PUBLIC SERVICE COMMISSION; Eric Skrmetta, In his capacity as Commissioner; James M. Field, In his capacity as Commissioner; Lambert C. Boissiere, III, In his capacity as Commissioner; Clyde C. Holloway, In his capacity as Commissioner; Foster L. Campbell, In his capacity as Commissioner; State of Louisiana, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 3, 2011.

Attorney(s) appearing for the Case

Richard P. Bress (argued), Maureen E. Mahoney , Latham & Watkins, L.L.P., Washington, DC, William Hector Howard, III , Alissa Jean Allison , Kathlyn Gloria Perez , Paul Lee Peyronnin , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, for Plaintiff-Appellant.

Stuart Kyle Duncan , Asst. Atty. Gen., Ryan Michael Seidemann , Louisiana Dept. of Justice, Ross Warren Bergethon (argued), Asst. Atty. Gen., Eve Kahao Gonzalez , Louisiana Pub. Serv. Com'n, Baton Rouge, LA, for Defendants-Appellees.

Before SMITH, BARKSDALE and BENAVIDES, Circuit Judges.

PER CURIAM:

In this case, Plaintiff-Appellant Union Pacific Railroad Company ("Union Pacific") appeals the district court's grant of summary judgment in favor of Defendants-Appellees Louisiana Public Service Commission, Eric Skrmetta, James M. Field, Lambert C. Boissiere, III, Clyde C. Holloway, Foster L. Campbell, and the State of Louisiana (collectively "the State of Louisiana" or "the State"). We conclude that the State of Louisiana is entitled to immunity and...

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