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UNION PACIFIC R. CO. v. REILLY INDUSTRIES, INC.

No. CIV. 4-96-660 DSD/JMM.

981 F.Supp. 1229 (1997)

UNION PACIFIC RAILROAD COMPANY, Plaintiff, v. REILLY INDUSTRIES, INC., Defendant.

United States District Court, D. Minnesota, Fourth Division.

November 3, 1997.

Attorney(s) appearing for the Case

Richard Ihrig, Sarah D. Halvorson, Steven D. Kelley, Lindquist & Vennum, Minneapolis, MN, for Plaintiff.

Becky A. Comstock, Alexandra B. Klass, Dorsey & Whitney, Minneapolis, MN, for Defendant.

ORDER

DOTY, District Judge.

This matter is before the court on the cross motions of plaintiff and defendant for summary judgment. Based on a review of the file, record and proceedings herein, and for the reasons stated, the court denies plaintiff's motion, and grants in part and denies in part defendant's motion.

BACKGROUND

Plaintiff Union Pacific Railroad Company ("Union Pacific") seeks...

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