Legal Opinion

Dakota, Minnesota & Eastern Railroad v. South Dakota

District Court, D. South Dakota

Decided December 6, 2002No. CIV. 02-4083PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

This matter came before the Court for trial on August 14, 2002. At the trial, both parties presented evidence and argument regarding the eminent domain issues initially decided by the Court in entering the preliminary injunction. Both parties have now filed post-trial briefs as requested by the Court. The following opinion resolves the claims of the Plaintiff with respect to those issues regarding eminent domain. Still pending before the Court, however, is the Plaintiffs 4-R Act claim in which the Plaintiff alleges that the Defendant violated…

2Cases cited33 opinions

  1. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  2. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  3. Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
  4. Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987
  5. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982

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3Cited by15 opinions

  1. DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, — APPELLEE/CROSS v. STATE OF SOUTH DAKOTA, — APPELLANTS/CROSSCourt of Appeals for the Eighth Circuit · 2004
  2. Burlington Northern & Santa Fe Railway Co. v. City of Houston, Texas Court of Appeals, 14th District (Houston)2005
  3. South Dakota Ex Rel. South Dakota Railroad Authority v. Burlington Northern & Santa Fe Railway Co.District Court, D. South Dakota · 2003
  4. Sunflour RR, Inc. v. PaulsonSouth Dakota Supreme Court · 2003
  5. New England Central Railroad v. Springfield Terminal Railway Co.District Court, D. Massachusetts · 2006

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