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UNION PACIFIC R. CO. v. HARRIS COUNTY, TEX.

Civil Action No. H-11-0121.

790 F.Supp.2d 568 (2011)

UNION PACIFIC RAILROAD COMPANY, Plaintiff, v. HARRIS COUNTY, TEXAS, Defendant.

United States District Court, S.D. Texas, Houston Division.

May 17, 2011.

Attorney(s) appearing for the Case

John Hatchett McFarland , Joyce, McFarland + McFarland LLP, Houston, TX, for Plaintiff.

Bobby Nick Turner , George Andrew Nachtigall , Houston, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

SIM LAKE, District Judge.

Union Pacific Railroad Company ("Union Pacific") brings this action against Harris County, Texas ("Harris County"), seeking an injunction to prevent Harris County from constructing a railroad crossing over tracks that are owned and used by Union Pacific and a declaratory judgment with respect to Harris County's right to construct the crossing. Pending before the court is Defendant Harris County...

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