Legal Opinion

B & S Holdings, LLC v. BNSF Railway Co.

District Court, E.D. Washington

Decided September 11, 2012No. 12-CV-0387-TORPublishedCited by 15 opinions

1Opinion of the Court

ORDER ON MOTION TO REMAND AND MOTION TO DISMISS

THOMAS O. RICE, District Judge.

BEFORE THE COURT are Plaintiffs Motion to Remand, ECF No. 3, and Defendant BNSF Railway Company’s Motion to Dismiss, ECF No. 10. The motions were heard without oral argument on August 6, 2012. The Court has reviewed the motions, the responses, the reply and supporting documentation and is fully informed.

BACKGROUND

B & S Holdings, LLC (“B & S Holdings”) brought this suit against BNSF Railway Company (“BNSF”), and others, seeking to obtain fee simple title to part of BNSF’s property that it owns in fee simple along its…

2Cases cited31 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  3. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  4. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  5. Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992

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3Cited by15 opinions

  1. Strasburg Scooters, LLC v. Strasburg Rail Rd., Inc.Superior Court of Pennsylvania · 2019
  2. Snohomish County, Washington v. STBCourt of Appeals for the D.C. Circuit · 2020
  3. Richmond Waterfront Ind. Park v. Phila. Belt LineSuperior Court of Pennsylvania · 2024
  4. Richmond Waterfront Ind. Park v. Phila. Belt LineSuperior Court of Pennsylvania · 2024
  5. Beres v. United StatesUnited States Court of Federal Claims · 2019

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