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LOUISIANA-PACIFIC CORP. v. TEXAS DEPT. OF TRANSP.

No. 1:98-CV-1516.

43 F.Supp.2d 708 (1999)

LOUISIANA-PACIFIC CORPORATION, Plaintiff, v. TEXAS DEPT. OF TRANSPORTATION and Southern Pacific Transportation Company, Defendants.

United States District Court, E.D. Texas, Beaumont Division.

March 23, 1999.

Attorney(s) appearing for the Case

Joe G. Roady, Sheinfield Maley & Kay, Houston, TX, for plaintiff.

Walter C. Brocato, Attorney General Office, Austin, TX, for defendant Texas D.O.T.

David P. Young, Houston, TX, Linda C. Schoonmaker, Bayco Gibson Carnegie, Hagan, Schoonmaker & Meyer, Houston, TX, for defendant Southern Pac.

AMENDED MEMORANDUM OPINION

COBB, District Judge.

In the 1880's, Plaintiffs predecessors in title (who owned property in question in fee simple) granted easements for railroad purposes to the Sabine and East Texas Railway Company. Southern Pacific Railway, the current defendant, subsequently acquired these easements..

In 1994, Southern Pacific, pursuant to The National Trails System Act of 1983, 16 U.S.C. § 1247(d) ("Trails Act") conveyed...

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