KANSAS CITY SO. RY v. SNY ISLAND LEVEE DRAINAGE

No. 15-2760.

831 F.3d 892 (2016)

KANSAS CITY SOUTHERN RAILWAY COMPANY, et al., Plaintiffs-Appellants, v. SNY ISLAND LEVEE DRAINAGE DISTRICT, a political subdivision of the State of Illinois, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 2016.

Rehearing and Rehearing En Banc Denied September 13, 2016.


Attorney(s) appearing for the Case

Paul M. Brown , Attorney, Thompson Coburn LLP, St. Louis, MO, for Plaintiffs-Appellants.

JoAnn T. Sandifer , Harry B. Wilson, Jr. , Attorneys, Husch Blackwell LLP, St. Louis, MO, for Defendant-Appellee.

Before WOOD, Chief Judge, and BAUER and WILLIAMS, Circuit Judges.


The Sny Island Levee Drainage District ("the District" or "Sny") was organized in 1880 in the Circuit Court of Pike County, Illinois, to protect the District from flooding and surface water runoff from the Mississippi River. The Kansas City Southern Railway Company ("KC") and the Norfolk Southern Railway Company ("Norfolk") both...

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