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UNION PAC. R. CO. v. CHICAGO, M., ST. P. & PAC. R. CO.

Civ. No. 72-0-122.

407 F.Supp. 1137 (1976)

UNION PACIFIC RAILROAD COMPANY, a corporation, Plaintiff, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a corporation, Defendant.

United States District Court, D. Nebraska.

February 17, 1976.

Attorney(s) appearing for the Case

F. Jerome Given, Omaha, Neb., for plaintiff.

Denzel R. Busick, Omaha, Neb., for defendant.

DENNEY, District Judge.

This matter comes before the Court subsequent to a full evidentiary hearing tried to the Court and the submission of extensive trial briefs and post-trial briefs of the parties. In accordance with Rule 52, Fed.R.Civ.P., the Court makes the following findings of fact and conclusions of law.

Plaintiff, Union Pacific Railroad Company (hereinafter referred to as UPRR), instituted this action on January 20, 1972, against defendant, Chicago...

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