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BOISE CASCADE CORP. v. UNION PAC. R. CO.

No. C 76-374.

454 F.Supp. 531 (1978)

BOISE CASCADE CORPORATION, a corporation, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a corporation, the San Pedro, Los Angeles & Salt Lake Railroad Company, a corporation and United States of America, Defendants.

United States District Court, D. Utah, C. D.

March 24, 1978.

Attorney(s) appearing for the Case

Harry D. Pugsley and Robert D. Maack, Salt Lake City, Utah, for plaintiff.

Ronald L. Rencher, U. S. Atty., Brent D. Ward, Asst. U. S. Atty., Salt Lake City, Utah, for defendant United States of America.

J. C. Williams, Salt Lake City, Utah, for defendants Railroads.

ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

ALDON J. ANDERSON, Chief Judge.

This matter is presently before the court on the motions for summary judgment of the plaintiff and of the defendant railroad companies, and the motion to dismiss of the defendant United States. Inasmuch as the motion to dismiss of defendant United States is based in part upon Rule 12(b)(6), Federal Rules of Civil Procedure, and matters outside of the pleadings...

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