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UNION PACIFIC R. CO. v. STATE OF IDAHO

Civ. No. 86-1305.

654 F.Supp. 1236 (1987)

UNION PACIFIC RAILROAD COMPANY, a Utah corporation, and Oregon Short Line Railroad Company, a Utah corporation, Plaintiffs, v. STATE OF IDAHO; Idaho Department of Water Resources and Kenneth Dunn, Director; Cassia County, a political subdivision of the State of Idaho; J. Weldon Beck, Norman Dayley and John Adams, Cassia County Commissioners; and Oakley Canal Company, an Idaho corporation, Defendants.

United States District Court, D. Idaho.

March 4, 1987.

Attorney(s) appearing for the Case

Duane A. Bybee, Green, Service, Gasser & Kerl, Pocatello, Idaho, for plaintiffs.

Elizabeth G. Roper, Quane, Smith, Howard & Hull, Boise, Idaho, for defendants State, Dept. and Dunn.

Charles Johnson, III, L. Charles Johnson, Johnson Olson Robison, Chartered, Pocatello, Idaho, Stephen A. Bywater, Prosecuting Attorney, Cassia County, State of Idaho, Burley, Idaho, for defendants Cassia County and Comm'n.

Thomas G. Nelson, Terry T. Uhling, Nelson, Rosholt, Robertson, Tolman & Tucker, Twin Falls, Idaho, for defendant Oakley.

MEMORANDUM OPINION AND ORDER

RYAN, District Judge.

I. INTRODUCTION

Defendants Cassia County and Cassia County Commissioners have filed a Motion to Dismiss in this action. Defendants State of Idaho, Idaho Department of Water Resources, and Kenneth Dunn, Director of the Idaho Department of Water Resources, have filed a Motion for Summary Judgment. Defendant State of Idaho previously filed a motion to dismiss, but when plaintiffs amended their Complaint...

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