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UNION PACIFIC v. LOUISIANA PUBLIC SERVICE COM'N

Civil Action No. 09-396.

722 F.Supp.2d 699 (2010)

UNION PACIFIC RAILROAD COMPANY v. LOUISIANA PUBLIC SERVICE COMMISSION, et al.

United States District Court, M.D. Louisiana.

July 7, 2010.

Attorney(s) appearing for the Case

William H. Howard, III, Alissa J. Allison, Kathlyn G. Perez, Paul L. Peyronnin, Baker, Donelson, Bearman, Caldwell & Berkowitz, New Orleans, LA, for Union Pacific Railroad Company.

Eve Kahao Gonzalez, Dennis C. Weber, Stephen Gregory Kabel, Louisiana Public Service Commission, Baton Rouge, LA, for Louisiana Public Service Commission, Et Al.

MEMORANDUM RULING

S. MAURICE HICKS, JR., District Judge.

Before this Court is a Motion for Summary Judgment [Record Document 12], filed on behalf of the Plaintiff, Union Pacific Railroad Company ("Union Pacific"). Union Pacific seeks a declaration from this Court that, as a matter of law, Act No. 530, enacted as Louisiana Revised Statute 48:394, and Louisiana Public Service Commission General Order No. R-30712 are facially preempted under the Interstate...

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