United States Fifth Circuit

Plaintiff's suit, seeking a judgment declaring that a railroad right-of-way was abandoned, was properly dismissed by the district court for want of subject matter jurisdiction since the Surface Transportation Board retained exclusive jurisdiction to determine whether there has been an abandonment.

Appellate Information

• Decided 02/09/2005
• Published 02/09/2005

Judges

• JERRY E. SMITH, Circuit Judge:, Before JONES, SMITH and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Wallace Griffin, Jr. (argued), Rebecca D. Rozmus, Houston, Marek & Griffin, Victoria, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• Robert Kenneth Wise (argued), Hunton & Williams, Dallas, TX, Randy M. Clapp, Duckett, Bouligny & Collins, El Campo, TX, for Defendant-Appellee.