Legal Opinion
Energy Transportation Systems, Inc., a Delaware Corporation v. Union Pacific Railroad Company, a Utah Corporation, (Two Cases)
Court of Appeals for the Tenth Circuit
Decided October 4, 1979No. 77-1770, 78-1680 and 78-1681PublishedCited by 18 opinions
1Opinion of the Court
McWILLIAMS, Circuit Judge.
These three appeals, one from a judgment of the United States District Court for the District of Wyoming (No. 77-1770) and two from a judgment of the United States District Court for the District of Kansas (Nos. 78-1680 and 78-1681) have been separately briefed, but companioned for purposes of oral argument. All will be treated in this opinion.
These appeals concern a dispute between Energy Transportation Systems, Inc. (ETSI) and Union Pacific Railroad Company, wherein the former asserts the right to construct a pipeline under and across the latter’s right-of-way. In…
2Cases cited5 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- United States v. Union Pacific RailroadSupreme Court of the United States · 1957
- Wyoming v. UdallCourt of Appeals for the Tenth Circuit · 1967
- Energy Transportation Systems, Inc. v. Union Pacific RailroadDistrict Court, D. Wyoming · 1977
- Energy Transportation Systems, Inc. v. Union Pacific RailroadDistrict Court, D. Kansas · 1978
3Cited by18 opinions
- Barahona v. Union Pacific RailroadCourt of Appeals for the Ninth Circuit · 2018
- Nicodemus v. Union Pacific Corp.Court of Appeals for the Tenth Circuit · 2003
- Union Pacific Railroad v. Santa Fe Pacific Pipelines, Inc.California Court of Appeal · 2014
- Nicodemus v. Union Pacific Corp.Court of Appeals for the Tenth Circuit · 2006
- CITY & COUNTY OF DENVER, ETC. v. BerglandDistrict Court, D. Colorado · 1981
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