Kansas City Southern Railway Co. v. BNSF Railway Co.

MEMORANDUM RULING

ELIZABETH E. FOOTE, District Judge.

In this action for declaratory judgment, Plaintiff Kansas City Southern Railway Co. (“KCSR”) and Defendant BNSF Railway Co. (“BNSF”) dispute whether BNSF has the right to operate its locomotives on certain tracks near Lake Charles, Louisiana without the permission of KCSR. BNSF has filed a motion to dismiss on the issue of whether this Court has subject matter jurisdiction to adjudicate the suit. [Record Document 8]. In response, KCSR argues that this Court has jurisdiction under 28 U.S.C. § 1332 because the parties are diverse, the amount…