District Court, W.D. Louisiana July 28, 1987, Civ. A. No. 87-1078 "L" (Southern Pacific Transportation Co. v. Town of Baldwin)

MEMORANDUM RULING

DUHE, District Judge.

This ruling addresses both the motion to dismiss filed by defendants and the motion for summary judgment filed by plaintiffs pursuant to Fed.R.Civ.P. 56. For the reasons that follow, the motion to dismiss is denied and the motion for summary judgment is granted.

FACTS

Plaintiffs seek declaratory and injunctive relief prohibiting enforcement of § 17.