DAKOTA, MINNESOTA & EASTERN R.R. v. SCHIEFFER

No. CIV 10-04037-RAL.

742 F.Supp.2d 1055 (2010)

DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, a Delaware Corporation, Plaintiff, v. Kevin V. SCHIEFFER, Defendant.

United States District Court, D. South Dakota, Southern Division.

July 13, 2010.


Attorney(s) appearing for the Case

Dana Van Beek Palmer , R. Alan Peterson , Lynn, Jackson, Shultz & Lebrun, P.C., Sioux Falls, SD, Christianne A. Riopel , Kevin M. Decker , Timothy R. Thornton , Briggs & Morgan, P.A., Minneapolis, MN, for Plaintiff.

Steven W. Sanford , Michael A. Henderson , Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, SD, for Defendant.


OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR INJUNCTION PENDING APPEAL

ROBERTO A. LANGE, District Judge.

I. INTRODUCTION

On June 16, 2010, ___ F.Supp.2d ___, 2010 WL 2428651, this Court issued an Opinion and Order (Doc. 26) Granting Defendant's Motion to Dismiss for lack of subject matter jurisdiction. Plaintiff Dakota, Minnesota & Eastern Railroad Corporation ("DM & E") subsequently filed a Notice of Appeal before the United States...

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