Faulk et al v. Union Pacific Railroad Co
| R T Faulk, III, Corey Farms L L C, Faulk Farms Inc, Joanne Hodges, River Valley Properties, McHenry Farms L L C, Sherman Shaw, T P Godwin and William G Nadler |
| Union Pacific Railroad Co |
| 3:2007cv00554 |
| March 21, 2007 |
| US District Court for the Western District of Louisiana |
| Monroe Office |
| Ouachita |
| Karen L Hayes |
| Robert G James |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Injunctive & Declaratory Relief |
| None |
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The following documents for this case are available for you to view or download:
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Filing
177
JUDGMENT: For the reasons previously assigned by this Court and affirmed by the U. S. Fifth Circuit Court of Appeal, it is adjudged that: 1. Plaintiffs are the owners in fee simple of the lands involved, and the Union Pacific Railroad has a person al servitude of right of use with respect to its railroad right of way; and the respective rights and obligations of the parties with respect thereto, including the issue of private rail crossings, are as declared by the Louisiana Supreme Court in its opinion in this matter; 2. LSA-R.S. 48:394 is constitutional as applied to the facts of this case, for the reasons declared by this Court and by the Louisiana Supreme Court; and any desire hereafter to close any of the subject private rail cr ossings must be undertaken in compliance with that statute or such other Louisiana law as shall at the time be applicable, or by agreement with the landowner; 3. Union Pacific Railroad is ordered to restore the heretofore removed Crossing No.425-14 2S on the property of R. T. Faulk III; 4. Union Pacific Railroad is responsible to maintain an effective drainage of water across the railroad right of way on Plaintiffs lands in accordance with its natural flow; 5. The counterclaims of Union Pacific Railroad are denied and dismissed; 6. Cost are assessed to Union Pacific Railroad as allowed by 28 U.S.C. 1920. Signed by Judge Robert G James on 12/7/15. (crt,DickersonSld, D)
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Filing
168
MEMORANDUM ORDER denying 166 Motion for Entry of Judgment under Rule 54(b); granting 166 Motion for Certificate of Appealability re 165 Notice of Appeal, granting 166 Motion to Stay. Signed by Judge Robert G James on 5/20/13. (crt,DickersonSld, D)
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Filing
161
RULING re 153 JOINT MOTION for Partial Summary Judgment filed by T P Godwin, Faulk Farms Inc, R T Faulk, III, Corey Farms L L C, River Valley Properties, William G Nadler, Sherman Shaw, McHenry Farms L L C, McHenry Realty Partnership, Joanne Hodges, and 154 MOTION for Summary Judgment filed by Union Pacific Railroad Co. Signed by Judge Robert G James on 3/22/13. (crt,DickersonSld, D)
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Filing
119
RULING re 99 MOTION for Reconsideration re 91 Memorandum Ruling filed by Union Pacific Railroad and 92 Order on Motion for Summary Judgment and 103 MOTION for Partial Summary Judgment filed by Union Pacific Railroad Co. Signed by Chief Judge Robert G James on 3/1/11. (crt,DickersonSld, D)
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Filing
91
MEMORANDUM RULING granting in part and denying in part 17 MOTION for Summary Judgment filed by Union Pacific Railroad Co. Signed by Chief Judge Robert G James on 08/22/10. (crt,Yocum, M)
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