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  5. 944 F.Supp. 1492 (1996)
 

FARMLAND INDUSTRIES, INC. v. COLORADO & EASTERN R. CO.

Civil Action No. 89-B-1786.

944 F.Supp. 1492 (1996)

FARMLAND INDUSTRIES, INC., Plaintiff, v. COLORADO & EASTERN RAILROAD COMPANY, Great Northern Transportation Company, and Gary W. Flanders, Defendants.

United States District Court, D. Colorado.

November 6, 1996.

Attorney(s) appearing for the Case

Wayne B. Schroeder, Jody Harper Alderman, Grimshaw & Harring, Denver, CO, for Plaintiff.

Timothy R. Gablehouse, Joshua B. Epel, Karina M. Thomas, Gablehouse & Epel, Denver, CO, for Defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW, & ORDER

BABCOCK, District Judge.

A one-day trial to the court was held on October 28, 1996. Having heard testimony and reviewed the exhibits and the memoranda of law submitted by the parties, I make the following findings of facts and conclusions of law and order the entry of judgment.

FINDINGS OF FACT

A.

A pesticide formulation plant, originally owned by Woodbury Chemical Company, was...

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