Union Pacific R. Co. v. Harris County, Tex.
District Court, S.D. Texas
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SIM LAKE, District Judge.
Union Pacific Railroad Company (“Union Pacific”) brings this action against Harris County, Texas (“Harris County”), seeking an injunction to prevent Harris County from constructing a railroad crossing over tracks that are owned and used by Union Pacific and a declaratory judgment with respect to Harris County’s right to construct the crossing. Pending before the court is Defendant Harris County’s Motion to Dismiss (Docket Entry No. 5), which argues that dismissal is warranted pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(c).…
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