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STATE v. BNSF RY. CO.

No. DA 10-0381.

254 P.3d 561 (2011)

2011 MT 108

360 Mont. 361

STATE of Montana, Plaintiff and Appellee, v. BNSF RAILWAY COMPANY, formerly known as The Burlington Northern and Santa Fe Railway Company, a Delaware Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided May 17, 2011.

Attorney(s) appearing for the Case

For Appellant: Randy J. Cox and Matthew B. Hayhurst , Boone Karlberg, P.C., Missoula, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Anthony Johnstone , State Solicitor; Chuck Munson , Assistant Attorney General, Helena, Montana, A. Clifford Edwards , Roger W. Frickle , Philip McGrady ; Edwards, Frickle & Culver, Billings, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 BNSF Railway Company (BNSF) appeals from an order of the Tenth Judicial District Court, Fergus County, granting the State of Montana's (the State) application for a preliminary injunction. We reverse and remand.

HISTORY

¶ 2 Before addressing the present controversy between the State and BNSF, we must first discuss the lengthy and litigious history between the State...

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