REILLY TAR CORP. v. BURLINGTON N. R. CO.

Civ. No. 3-84-124.

589 F.Supp. 275 (1984)

REILLY TAR & CHEMICAL CORPORATION, an Indiana corporation, Plaintiff, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, Defendant.

United States District Court, D. Minnesota, Third Division.

May 31, 1984.


Attorney(s) appearing for the Case

Michael J. Wahoske, Tracy Van Steenburgh, Edward J. Schwartzbauer, Minneapolis, Minn., for plaintiff.

Barry McGrath, St. Paul, Minn., for defendant.

Steven Shakman, Sp. Asst. Atty. Gen., for State of Minn.


MEMORANDUM ORDER

MAGNUSON, District Judge.

A hearing was held before the undersigned on February 10, 1984 upon the motion of defendant Burlington Northern Railroad Company for an order dismissing plaintiff's complaint for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1). In the alternative, defendant has moved for summary judgment on the following grounds: 1) that plaintiff Reilly Tar is not entitled...

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