The following opinion was released by the U.S. Court of Appeals for the Fifth Circuit on July 3, 2008:
Franks Investment Co. LLC v. Union Pacific Railroad Co. (Jones, C.J., Barksdale, Stewart, JJ.; opinion by Barksdale, J.). Affirming dismissal of plaintiff’s possessory action as preempted by the Interstate Commerce Commission Termination Act (”ICCTA”). Plaintiff brought possessory action to enjoin the railroad company’s removal of four railroad crossings from plaintiff’s property. The Fifth Circuit held that the railroad crossings fit within the purview of “transportation by rail carriers” for purposes of the ICCTA.
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