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ENERGY TRANSP. SYSTEMS, INC. v. U. PAC. R. CO.

No. C76-129B.

435 F.Supp. 313 (1977)

ENERGY TRANSPORTATION SYSTEMS, INC., a Delaware Corporation, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a Utah Corporation, Defendant.

United States District Court, D. Wyoming.

August 11, 1977.

Attorney(s) appearing for the Case

Henry A. Burgess, Burgess & Davis, Sheridan, Wyo., appearing as counsel for plaintiff.

Frederick G. Loomis, Loomis, Lazear, Wilson & Pickett, Cheyenne, Wyo., and Harold F. Coray, Omaha, Neb., appearing as counsel for defendant.

MEMORANDUM OPINION

BRIMMER, District Judge.

This controversy involves conflicting claims of ownership to the subsurface of lands subject to a railroad right of way granted pursuant to the Act of July 1, 1862, 12 Stat. 489, as amended by the Act of July 2, 1864, 13 Stat. 356, which are sometimes referred to as the Pacific Railroad Acts. Both parties have acknowledged that the facts are undisputed and both parties have moved for summary judgment. The Court...

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