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INTERCONTINENTAL TERMINALS v. VOPAK N. AM.

No. 01-11-00323-CV.

354 S.W.3d 887 (2011)

INTERCONTINENTAL TERMINALS COMPANY, LLC, Appellant, v. VOPAK NORTH AMERICA, INC., Vopak Terminal Deer Park, Inc., and Port Terminal Railroad Association, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

September 22, 2011.

Attorney(s) appearing for the Case

Chris Lacy , Sean Gorman , Dewey & LeBoeuf LLP, Ruth Edry Salek , Houston, TX, for Appellant.

A. Randall Friday , Crady, Jewett & McCulley, Glenn A. Ballard Jr. , Jeffrey L. Oldham , Phillip L. Sampson Jr. , Bracewell & Giuliani L.L.P., Houston, TX, for Appellees.

Panel consists of Justices JENNINGS, BROWN, and HUDDLE.

OPINION

HARVEY BROWN, Justice.

Intercontinental Terminals Company LLC (ITC) appeals from a temporary injunction in favor of Vopak North America, Inc. and Vopak Terminal Deer Park, Inc. (collectively, Vopak), which allows Vopak certain use of ITC's railroad track during the pendency of this litigation. ITC challenges the trial court's temporary injunction on the grounds that it impermissibly alters the status quo and is not supported by evidence of two elements...

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