Legal Opinion

Ouachita Rr v. Circuit Ct of Union County

Supreme Court of Arkansas

Decided April 7, 2005No. 04-734PublishedCited by 17 opinions

1Opinion of the Court

Robert L. Brown, Justice.

The petitioner, Ouachita Railroad, Inc., petitions this court for a writ of prohibition against the respondent, the Circuit Court of Union County, Second Division. Ouachita Railroad seeks the writ on the basis that the circuit court is wholly without jurisdiction to entertain a counterclaim against it for abandonment and adverse possession in its suit for ejectment against Donna and Steve Harbour (the Harbours). It asserts that the Harbours’ counterclaim is within the exclusive jurisdiction of a federal board, the Surface Transportation Board (STB). The Harbours…

2Cases cited19 opinions

  1. English v. General Electric Co.Supreme Court of the United States · 1990
  2. Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
  3. St. Paul Mercury Insurance v. Circuit CourtSupreme Court of Arkansas · 2002
  4. Ramirez v. White County Circuit CourtSupreme Court of Arkansas · 2001
  5. West Memphis School District No. 4 v. Circuit Court of Crittenden CountySupreme Court of Arkansas · 1994

14 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Rose v. Arkansas State Plant BoardSupreme Court of Arkansas · 2005
  2. Jordan v. Circuit Court of Lee CountySupreme Court of Arkansas · 2006
  3. Chubb Lloyds Insurance Co. v. Miller County Circuit Court, Third DivisionSupreme Court of Arkansas · 2010
  4. Ulmer v. Circuit Court of Polk CountySupreme Court of Arkansas · 2006
  5. Arkansas Department of Health & Human Services v. SmithSupreme Court of Arkansas · 2007

12 more not listed; retrieve them via the Exa API.

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