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STATE OF MINNESOTA BY BURLINGTON NORTHERN RAILROAD CO. v. BIG STONE-GRANT INDUS. DEVELOPMENT AND TRANSPORTATION, L.L.C.

No. 3-95-239.

990 F.Supp. 731 (1997)

STATE OF MINNESOTA BY BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation; and Burlington Northern Railroad Company, a Delaware corporation, Plaintiffs, v. BIG STONE-GRANT INDUSTRIAL DEVELOPMENT AND TRANSPORTATION, L.L.C. a South Dakota limited liability corporation, Defendant.

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

February 14, 1997.

Attorney(s) appearing for the Case

Timothy Robert Thornton, Michael J. Tostengard, Briggs & Morgan, Minneapolis, MN, for Plaintiffs.

Joseph T. Dixon, Jr., Scott A. Neilson, Henson & Efron, Minneapolis, MN, Nicholas J. DiMichael, Thomas W. Wilcox, Donelan, Cleary, Wood & Maser, Washington, DC, for Defendant.

MEMORANDUM OPINION AND ORDER

DAVIS, District Judge.

This case arises out of the proposed construction of a new line of railroad track that would connect two "spurs" of the Plaintiff Burlington Northern Railroad Company's ("BN") existing tracks. Defendant Big Stone-Grant Industrial Development and Transportation, L.L.C. ("Big Stone") proposed to build the new track in order to serve new industries that would locate in a new industrial park, which would be...

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