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BNSF RY. CO. v. ALBANY & EASTERN R.R. CO.

No. 08-CV-415-BR.

741 F.Supp.2d 1184 (2010)

BNSF RAILWAY COMPANY, a Delaware corporation, Plaintiff, v. ALBANY & EASTERN RAILROAD COMPANY, an Oregon corporation, and Michael R. Root, an individual, Defendants.

United States District Court, D. Oregon, Portland Division.

September 21, 2010.

Attorney(s) appearing for the Case

David Patrick Morrison , Kimberly R. Griffith , Cosgrave Vergeer Kester, LLP, Portland, OR, Timothy R. Thornton , Arthur L. Brown , Briggs and Morgan, P.A., Minneapolis, MN, for Plaintiff.

William N. Mehlhaf , Stacy R. Owen , Markowitz Herbold Glade & Mehlhaf, PC, Portland, OR, for Defendants.

OPINION AND ORDER

BROWN, Judge.

This matter comes before the Court on the Motion (#81) for [Partial] Summary Judgment of Plaintiff BNSF Railway Company, the Motion (# 85) for [Partial] Summary Judgment of Defendants Albany & Eastern Railroad Company (AERC) and Michael R. Root,1 and the Motion (# 105) of BNSF to file a Third Amended Complaint.

For the reasons that follow...

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