Chicago & North Western Transportation Co. v. Soo Line Railroad

MEMORANDUM ORDER

MARSHALL, District Judge.

This matter is before the court on plaintiff’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and defendant’s cross-motions pursuant to Rules 12(b) (6) and 56 of the Federal Rules of Civil Procedure, for a dismissal of plaintiff’s complaint for failure to state a claim upon which relief can be granted or in the alternative for summary judgment. Jurisdiction is founded on 28 U.S.C. §§ 1331(a) and 1337. For the reasons hereinafter stated, plaintiff’s motion is Granted and defendant’s motions are Denied.

Plaintiff…