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

No. CIV 10-4037-RAL.

857 F.Supp.2d 886 (2012)

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

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

March 8, 2012.


Attorney(s) appearing for the Case

Dana Van Beek Palmer , R. Alan Peterson , Lynn, Jackson, Shultz & Lebrun, P.C., Sioux Falls, SD, 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 GRANTING MOTION TO DISMISS

ROBERTO A. LANGE, District Judge.

This matter is before the Court on remand from the United States Court of Appeals for the Eighth Circuit. See Dakota, Minn. E. R.R. Corp. v. Schieffer, 648 F.3d 935 (8th Cir.2011). The question on remand is whether there exists subject matter jurisdiction over the present action. This Court previously determined that there was no federal...

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