Louisiana Arkansas Ry. Co. v. Missouri Pacific R.

3 Citing cases

  1. Jacintoport Corp v. Gr. Baton Rouge Port Com'n

    762 F.2d 435 (5th Cir. 1985)   Cited 67 times
    Holding that Greater Baton Rouge Port Commission not entitled to Eleventh Amendment immunity

    First, Judge West himself, the author of the Missouri Pacific opinion, did not consider that holding to bar a later suit against the Commission by a railroad company seeking injunctive relief. See Louisiana Arkansas Railway v. Missouri Pacific Railroad, E.D.La. 1968, 288 F. Supp. 320, aff'd, 5 Cir. 1969, 415 F.2d 751, cert. denied, 1970, 396 U.S. 1060, 90 S.Ct. 757, 24 L.Ed.2d 754. More importantly, a de novo analysis of the Baton Rouge Commission under the test for Eleventh Amendment immunity enunciated by this Circuit in Laje v. R.E. Thomason General Hospital, 5 Cir. 1982, 665 F.2d 724, and Tradigrain, Inc. v. Mississippi State Port Authority, 5 Cir. 1983, 701 F.2d 1131, convinces us that the Commission should not have governmental immunity.

  2. Port City v. Union Pacific

    518 F.3d 1186 (10th Cir. 2008)   Cited 228 times
    Holding that ICCTA preempts state tort claims related to rail lines

    Factors used to determine whether a section of track is an extension of a regular railroad line, as opposed to a "spur" or "industrial" track, include whether the railroad maintains a train schedule or regular service over the track; furnishes express, passenger, or mail service; maintains buildings, loading platforms, or an agent along the trackage; and who completes the bills of lading. See Chicago, M., St. P. P.R. Co. v. Chicago E.I.R. Co., 198 F.2d 8, 12 (7th Cir. 1952). It is also relevant whether the track has been or is to be used for anything other than industrial delivery, see La. Ark. Ry. Co. v. Mo. Pac. R.R. Co., 288 F.Supp. 320, 323 (D.C.La. 1968), the length of the track, whether the track serves only a single customer, and whether the customer requested the carrier to provide service. See Hughes v. Consol-Pa. Coal Co., 945 F.2d 594, 612 (3d Cir. 1991).

  3. Louisiana and Ark. Ry. Co. v. Missouri Pac. R

    415 F.2d 751 (5th Cir. 1969)   Cited 2 times

    It has been used primarily to service only one industry * * *. It is obvious from these facts above that by no stretch of the imagination could this trackage be considered to be a `line of railroad.'" 288 F. Supp. 320, 323. We agree.