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OXBOW CARBON & MINERALS v. UNION PACIFIC R. CO.

Civil Action No. 11-1049 (PLF).

926 F.Supp.2d 36 (2013)

OXBOW CARBON & MINERALS LLC, et al., Plaintiffs, v. UNION PACIFIC RAILROAD COMPANY, et al., Defendants.

United States District Court, District of Columbia.

February 26, 2013.

Attorney(s) appearing for the Case

Merril Jay Hirsh, John Richard Gerstein, Troutman Sanders LLP, Washington, DC, Barry J. Brett, Daniel N. Anziska, Troutman Sanders LLP, Robert Silver, Boies Schiller & Flexner LLP, New York, NY, David Boies, Boies Schiller & Flexner LLP, Armonk, NY, for Plaintiffs.

John M. Majoras, Jones Day, Columbus, OH, Kristen A. Lejnieks, Jones Day, Alan Mitchell Wiseman, Michael L. Rosenthal, Covington & Burling LLP, Washington, DC, Carolyn A. Woodson, David G. Meyer, Tyrone R. Childress, Jones Day, Los Angeles, CA, for Defendant, Union Pacific Railroad Company.

Richard Joseph Favretto, Mayer Brown LLP, Washington, DC, Bradley S. Phillips, Henry Weissmann, Lindsay McCaskill, Munger, Tolles & Olson, LLP, Los Angeles, CA, for Defendant, BNSF Railway Company.

OPINION

PAUL L. FRIEDMAN, District Judge.

This matter is before the Court on defendants' motions to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court has carefully considered the arguments made by the parties in their papers and the oral arguments presented by counsel in court on October 26, 2012.1 The Court concludes that plaintiffs have failed to allege adequate facts to state claims under...

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