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KANSAS CITY SOUTHERN RAILWAY CO. v. BNSF RY. CO.

Civil Action No. 13-00098.

970 F.Supp.2d 542 (2013)

KANSAS CITY SOUTHERN RAILWAY CO. v. BNSF RAILWAY CO.

United States District Court, W.D. Louisiana, Shreveport Division.

September 9, 2013.

Attorney(s) appearing for the Case

David Lee Bruce , Bobby S. Gilliam , Wilkinson Carmody & Gilliam, Shreveport, LA, for Plaintiff.

David Jacob Drez, III , Wick Phillips , Fort Worth, TX, for Defendant.

MEMORANDUM RULING

ELIZABETH E. FOOTE, District Judge.

In this action for declaratory judgment, Plaintiff Kansas City Southern Railway Co. ("KCSR") and Defendant BNSF Railway Co. ("BNSF") dispute whether BNSF has the right to operate its locomotives on certain tracks near Lake Charles, Louisiana without the permission of KCSR. BNSF has filed a motion to dismiss on the issue of whether this Court has subject matter jurisdiction to adjudicate the suit...

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