Reinsurance Fund Seeks Dismissal of Railroad’s Complaint in Mine Subsidence Battle

SPRINGFIELD, Ill. — A reinsurance fund has moved to dismiss Union Pacific Railroad Co.’s second amended complaint in an action concerning whether the fund is barred from relitigating issues resolved in previous cases in which it sought reimbursement from the railroad for mine subsidence claims.

In a Sept. 7 filing before Judge Sue Myerscough of the U.S. District Court for the Central District of Illinois, Illinois Mine Subsidence Insurance Fund contends that dismissal is warranted because in Count I of the amended complaint Union Pacific seeks a ruling on matters that were already decided; and Count II is based entirely …