GALLANT INVESTMENTS v. ILLINOIS CENT.

No. 2008 CA 1404.

7 So.3d 12 (2009)

GALLANT INVESTMENTS, LTD. v. ILLINOIS CENTRAL RAILROAD COMPANY, et al.

Court of Appeal of Louisiana, First Circuit.

February 13, 2009.


Attorney(s) appearing for the Case

Eric R. Miller, Teanna W. Neskora, Brandon A. Brown, Baton Rouge, Louisiana, for Plaintiff/Appellant Gallant Investments, Ltd.

Douglas K. Williams, Nicholas R. Bursavich, Baton Rouge, Louisiana, for Defendant/Appellee Illinois Central Railroad Company.

J. Wendell Clark, Mark L. Barbre, Baton Rouge, Louisiana, for Defendant/Appellee Progress Rail Services Corporation.

Before KUHN, GUIDRY, and GAIDRY, JJ.


GAIDRY, J.

A landowner upon whose property two railroad spur tracks were situated appeals a judgment sustaining peremptory exceptions of prescription, dismissing its claims against a railroad company and the alleged successor to a steel salvage business for wrongful removal of the railroad spur tracks. For the following reasons, we affirm the judgment of the trial court.

FACTUAL AND PROCEDURAL HISTORY

The plaintiff, Gallant Investments, Ltd. (Gallant...

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