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MISSOURI PACIFIC R. CO. v. RAILROAD COM'N OF TEXAS

Civ. No. A-86-CA-406.

653 F.Supp. 617 (1987)

MISSOURI PACIFIC RAILROAD COMPANY, et al. v. RAILROAD COMMISSION OF TEXAS and its members, Hon. James E. Nugent, Hon. Mack Wallace and Hon. Clark Jobe.

United States District Court, W.D. Texas, Austin Division.

January 27, 1987.

Attorney(s) appearing for the Case

Robert B. Burns, Jr., Karl G. Johnson, Jr., Wilson, Grosenheider & Burns, Austin, Tex., for Missouri Pacific R. Co., Southern Pacific Transp. Co., The Atchison, Topeka and Santa Fe Railway Co., Burlington Northern R. Co., Missouri-Kansas-Texas R. Co., St. Louis-Southwestern Railway Co., Kansas City Southern Railway Co., and, Louisiana and Arkansas Railway Co.

Douglas Fraser, Energy Div./Transp., Austin, Tex., for defendants.

ORDER

NOWLIN, District Judge.

Before the Court is the Plaintiffs' Motion for Partial Summary Judgment. The Court has considered the motion and the response of the Defendants in light of the entire file in this cause, and is of the opinion that the motion is meritorious and must GRANTED.

I. BACKGROUND

In response to the deterioration of railroad tracks, roadbed and safety equipment, Congress...

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