Legal Opinion

Union Pacific R. Co. v. Harris County, Tex.

District Court, S.D. Texas

Decided May 17, 2011No. Civil Action H-11-0121PublishedCited by 4 opinions

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).…

2Cases cited63 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  5. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983

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3Cited by4 opinions

  1. Mailing & Shipping Systems, Inc. v. Neopost USA, Inc.District Court, W.D. Texas · 2013
  2. Noatex Corp. v. King Construction of Houston LLCDistrict Court, N.D. Mississippi · 2014
  3. Allstate Vehicle and Property Insurance Company v. James CosseyDistrict Court, S.D. Texas · 2025
  4. Gonzalez v. DegolladoDistrict Court, S.D. Texas · 2021

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