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UNION PACIFIC R.R. CO. v. STATE OF UTAH

No. CIV. 2:97-CV-341C.

996 F.Supp. 1358 (1997)

UNION PACIFIC RAILROAD COMPANY, Plaintiff, v. STATE OF UTAH et al., Defendants.

United States District Court, D. Utah, Central Division.

October 28, 1997.

Attorney(s) appearing for the Case

Robert A. Peterson, Giauque, Crockett, Bendinger & Peterson, Salt Lake City, UT, for Plaintiff.

Kelly W. Wright, Utah Attorney General's Office, Bill T. Peters, Parsons, Davies, Kinghorn & Peters, Salt Lake City, UT, for Defendants.

ORDER

CAMPBELL, District Judge.

This case is now before the court on the following three motions: (1) the State defendants' motion to dismiss plaintiff's complaint based on the Eleventh Amendment; (2) the State defendants' motion to dismiss plaintiff's complaint based on issue preclusion; and (3) the county defendants' motion to dismiss plaintiff's complaint for failure to join an indispensable party pursuant...

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