Railroad Management Company LLC v. CFS Louisiana Midstream Co.

428 F.3d 214 (2005)

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Railroad Management Company LLC v. CFS Louisiana Midstream Co.

United States Court of Appeals for the Fifth Circuit
428 F.3d 214 (2005)

SC

Facts

Under a license agreement, CFS Louisiana Midstream Company (CFS) (defendant) was required to make annual payments to Union Pacific Railroad Company (Union Pacific) for a pipeline that ran across Union Pacific’s land. Railroad Management Company LLC (Railroad Management) (plaintiff) believed that it had been assigned the rights to those payments and billed CFS. CFS did not pay the bill, and Railroad Management brought suit. During discovery, CFS requested a copy of the purported agreement assigning the payments from Union Pacific to Railroad Management. Railroad Management declined to produce the document, citing confidential information in the agreement. However, Railroad Management did introduce an excerpt of the assignment agreement (Exhibit D). Railroad Management also sought to introduce an apparently retyped version of the entire assignment agreement (Exhibit G) that omitted any confidential information. The district court declined to admit Exhibit G into evidence, finding inconsistencies between Exhibit D and Exhibit G, including page numbering and differing marks at the bottom of the pages. The district court granted CFS summary judgment. Railroad Management appealed.

Rule of Law

Issue

Holding and Reasoning (Garza, J.)

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