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DAKOTA, MINN. & EASTERN R.R. CORP. v. ROUNDS

No. CIV 02-4083.

422 F.Supp.2d 1073 (2006)

DAKOTA, MINNESOTA & EASTERN RAILROAD CORP., Plaintiff, v. Michael ROUNDS, in his official capacity as Governor of the State of South Dakota; and the Transportation Commission of the South Dakota Department of Transportation, an executive agency of the State of South Dakota, Defendants.

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

March 28, 2006.

Attorney(s) appearing for the Case

Brian J. Donahoe, Michael D. Bornitz, Kimberly R. Wassink, Meredith A. Moore, Cutler & Donahoe, Sioux Falls, SD, for Plaintiff.

Brent A. Wilbur, Neil K. Fulton, May, Adam, Gerdes & Thompson, Pierre, SD, for Defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

After this Court issued enjoined the State of South Dakota from enforcing S.D.C.L. §§ 49-16A-75.3(1),(2),(4) & (5) and enjoined the State of South Dakota from enforcing S.D. Admin. R. 70:08:01:03 and 70:08:01:04, Plaintiff and Defendants both appealed to the Eighth Circuit Court of Appeals. The Eighth Circuit vacated the injunction with regard to S.D.C.L. § 49-16A-75.3(5) because of...

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