Court of Appeals for the Eighth Circuit March 23, 2004, 03-1046, 03-1179 (DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, — APPELLEE/CROSS v. STATE OF SOUTH DAKOTA, — APPELLANTS/CROSS)

LOKEN, Chief Judge.

In 1986, the Dakota, Minnesota, & Eastern Railroad (DM & E) purchased the deteriorated interstate rail system of the Chicago

&

North Western Railroad. In 1998, seeking new revenues to fund needed repairs, DM & E applied to the federal Surface Transportation Board for authority under 49 U.S.C.