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TEXAS CENT. BUSINESS LINES v. CITY OF MIDLOTHIAN

No. 10-11041.

669 F.3d 525 (2012)

TEXAS CENTRAL BUSINESS LINES CORPORATION, Plaintiff-Appellee Cross-Appellant, v. CITY OF MIDLOTHIAN, a Municipal Corporation, Defendant-Appellant Cross-Appellee, v. MAALT L.P.; Texas Properties Trust, Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Revised February 2, 2012.

Attorney(s) appearing for the Case

Michael Calvin Wright (argued), Russell & Wright, P.L.L.C., John J. Reenan , Winstead, P.C., Dallas, TX, David Fowler Johnson , Winstead, P.C., Fort Worth, TX, for Plaintiff-Appellee Cross-Appellant.

Terry D. Morgan (argued), Terry Morgan & Associates, P.C., Dallas, TX, James William Morris, Jr. , David L. Paschall , Goins, Underkofler, Crawford & Langdon, L.L.P., Dallas, TX, for Defendant-Appellant Cross-Appellee.

James Lanter , Lanter Westermann, P.C., Fort Worth, TX, Paul Oliver Wickes (argued), Wickes Law, P.L.L.C., Plano, TX, for Third Party Defendants-Appellees.

Scott N. Houston , Gen. Counsel, Texas Municipal League, Austin, TX, for Amici Curiae.

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

Texas Central Business Lines is a terminal and switching railroad operating in the City of Midlothian, Texas. In the fall of 2008, the railroad endeavored to expand its operations with two new projects. The City opposed that expansion, claiming it violated several municipal ordinances. In response, the railroad brought a declaratory judgment action alleging that a federal statute preempted all City ordinances that affect its transloading...

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