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Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry.

Citation: 25 ELR 20073
No. No. 93-0307 JB, 857 F. Supp. 838/(D.N.M., 06/29/1994) Staying injunctive relief claims; dismissing negligence per se claims

The court holds that the primary jurisdiction doctrine requires it to stay a landowner's claims for injunctive relief against the owner of a railroad tie treatment site for polluting the landowner's groundwater and that the landowner established material facts precluding summary judgment on its state-law claims arising from migration of creosote...

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