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BURLINGTON NORTHERN AND SANTA FE RAILWAY CORP. v. DAKOTA MISSOURI VALLEY AND WESTERN RAILROAD, INC.

Nos. CIV.03-1003, CIV.03-3012.

347 F.Supp.2d 708 (2004)

The BURLINGTON NORTHERN AND SANTA FE RAILWAY CORPORATION, a Delaware corporation, Plaintiff, v. DAKOTA MISSOURI VALLEY AND WESTERN RAILROAD, INC., a North Dakota corporation, Defendant. State of South Dakota by and through its South Dakota Railroad Authority and Dakota Missouri Valley & Western Railroad, Inc., a North Dakota Corporation, Plaintiffs, v. Burlington Northern & Santa Fe Railway Company, a Delaware Corporation, Defendant.

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

November 22, 2004.

Attorney(s) appearing for the Case

Rory King, Bantz, Gosch, Cremer, Peterson, Sommers & Wager, Aberdeen, SD, Scott G. Knudson, Timothy R. Thornton, Briggs and Morgan, St. Paul, MN, for Burlington Northern and Santa Fe Railway Corporation.

Charles M. Thompson, May, Adam, Gerdes & Thompson, Pierre, SD, Patrick J. Neaton, Neaton Puklich and Klassen, Minnetonka, MN, for Dakota Missouri Valley and Western Railroad, Inc.

James D. Helenhouse, Myles L. Tobin, Thomas J. Litwiler, Fletcher & Sippel, LLC, Chicago, IL, Roxanne Giedd, Attorney General's Office, Pierre, SD, for State of South Dakota.

MEMORANDUM DECISION AND ORDER

KORNMANN, District Judge.

[¶ 1] On March 19, 2003, Burlington Northern and Santa Fe Railway Corporation ("BNSF") filed in the Northern Division of the United States District Court for the District of South Dakota a diversity action against Dakota Missouri Valley and Western Railroad, Inc. ("DMVW"), seeking declaratory relief, injunctive relief, and damages based on DMVW's alleged past use and potential future use of BNSF...

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