District Court, D. South Dakota March 8, 2012, No. CIV 10-4037-RAL (Dakota, Minnesota & Eastern Railroad v. Schieffer)

OPINION AND ORDER GRANTING MOTION TO DISMISS

ROBERTO A. LANGE, District Judge.

This matter is before the Court on remand from the United States Court of Appeals for the Eighth Circuit. See Dakota, Minn. E. R.R. Corp. v. Schieffer, 648 F.3d 935 (8th Cir.2011). The question on remand is whether there exists subject matter jurisdiction over the present action.