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SOUTH DAKOTA v. BURLINGTON NORTHERN & SANTA FE RY. CO.

No. CIV 03-3012.

280 F.Supp.2d 919 (2003)

State of SOUTH DAKOTA by and through its SOUTH DAKOTA RAILROAD AUTHORITY and Dakota Missouri Valley & Western Railroad, Inc., a North Dakota Corporation, Plaintiffs, and Dakota, Minnesota & Eastern Railroad Company, a Delaware Corporation, Involuntary Plaintiff, v. BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, a Delaware Corporation, Defendant.

United States District Court, D. South Dakota, Central Division.

July 7, 2003.

Attorney(s) appearing for the Case

Roxanne Giedd, Attorney General's Office, Pierre, SD, for State of South Dakota and South Dakota Railroad Authority.

Charles M. Thompson, May, Adam, Gerdes & Thompson, Pierre, SD, for Dakota Missouri Valley & Western Railroad, Inc.

Brian J. Donahoe, David Lindsay Edwards, Cutler & Donahoe, LLP, Sioux Falls, SD, for Dakota, Minnesota & Eastern Railroad Company.

Rory King, Bantz, Gosch, Cremer, Peterson, Sommers & Wager, Aberdeen, SD, for Defendants.

ORDER

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] On March 20, 2003, the State of South Dakota, by and through the South Dakota Railroad Authority ("SDRA"), filed a complaint in South Dakota, Sixth Judicial Circuit, Hughes County, against the Burlington Northern & Santa Fe Railway Company ("BNSF"). The complaint seeks specific performance or injunctive relief enforcing the terms of a June 15, 2001, agreement between the SDRA and BNSF...

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