Scott County v. Cincinnati, New Orleans & Texas Pacific Railway Co.

MEMORANDUM OPINION

JORDAN, District Judge.

This civil action, a diversity action, is before the court for consideration of two opposing motions for summary judgment.

The plaintiff county commenced its civil action originally in the Scott County, Tennessee, Chancery Court, against Norfolk Southern Corporation. This originally named defendant removed the civil action to this court on the jurisdictional basis of diversity of citizenship. The parties then agreed to substitute The Cincinnati, New Orleans and Texas Pacific Rahway Company (CNO & TP) as a defendant, on the ground that this rail carrier…