Cedarapids, Inc. v. Chicago, Central & Pacific Railroad

OPINION AND ORDER REGARDING PLAINTIFF’S MOTION TO REMAND AND DEFENDANT’S MOTION TO DISMISS.READE, District-Judge.

I. INTRODUCTION

On October 13, 1995, plaintiff Cedara-pids, Inc. (“Cedarapids”) and defendant Chicago, Central & Pacific Railroad Company d/b/a Canadian National/Illinois Central Railroad (“CC & P”) entered into a real property lease pursuant to which CC & P leased to Cedarapids property which included a railroad right-of-way across the property generally located between 17th Street Northeast and 20th Street Northeast in Cedar Rapids, Iowa (the “tracks”). The lease was for a term of…