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BNSF RY. CO. v. STATE, DEPT. OF ENV. QUAL.

No. DA 09-0028.

228 P.3d 1115 (2010)

2010 MT 46

355 Mont. 296

BNSF RAILWAY COMPANY, Plaintiff and Appellant, v. STATE of Montana, ex rel., DEPARTMENT OF ENVIRONMENTAL QUALITY; and Richard Opper, Director, Montana Department of Environmental Quality, Defendants and Appellees.

Supreme Court of Montana.

Decided March 10, 2010.

Attorney(s) appearing for the Case

For Appellant: Chad E. Adams; Browning, Kaleczyc, Berry & Hoven, P.C.; Helena, Montana, Paul J. Lawrence; K & L Gates LLP; Seattle, Washington.

For Appellees: Cynthia D. Brooks; Special Assistant Attorney General; Montana Department of Environmental Quality; Helena, Montana, R. Allan Payne, Marc G. Buyske; Doney, Crowley, Bloomquist, Payne, Uda, P.C.; Helena, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Plaintiff BNSF Railway Company (BNSF) appeals the decision of the Eleventh Judicial District Court, Flathead County, granting the change of venue motion of Defendants State of Montana and Richard Opper (collectively, "State") and transferring the case to the First Judicial District Court in Lewis and Clark County.

¶ 2 The sole issue on appeal is whether the District Court erred in...

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