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BRICKEL v. CHICAGO, BURLINGTON AND QUINCY RAILROAD CO.

Civ. No. 4532.

200 F.Supp. 240 (1961)

Howard M. BRICKEL and A. J. Katches, T/A Mid-Continent Exploration Company, Plaintiffs, v. CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY, a corporation, Defendant.

United States District Court D. Wyoming.

December 29, 1961.

Attorney(s) appearing for the Case

John J. Spriggs, Sr., Lander, Wyo., and John J. Spriggs, Jr., Washington, D. C., for plaintiffs.

Henderson & Godfrey, Cheyenne, Wyo., J. C. Street and W. L. Peck, Denver, Colo., for defendant.

KERR, Judge.

This motion for summary judgment turns on whether or not the issues raised in the case at bar have already been litigated and previously determined by a jury verdict and judgment entered thereon in civil action No. 4221. A brief summary of the two actions shows the legal relationship of the parties with respect to the status of some 750 tons of alleged mineral ores. There is no dispute about the identity of the parties and subject matter. They are the...

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