Legal Opinion
Phillips Co. v. Southern Pacific Rail Corp.
District Court, D. Colorado
Decided October 2, 1995No. Civ. A. 93-Z-1461PublishedCited by 6 opinions
1Opinion of the Court
ORDER GRANTING SUMMARY JUDGMENT
WEINSHIENK, District Judge.
This case arises through plaintiff’s claim against defendant The Denver and Rio Grande Western Railroad Company, Inc. (“D & RGW’) under 48 U.S.C. § 912 (“Section 912”) to ownership of a portion of D & RGWs railroad right-of-way as a result of an alleged abandonment. Plaintiff alleges that the abandonment occurred prior to October 4, 1988. The date of any abandonment is of importance because the provision of Section 912 under which plaintiff claims was amended effective October 4, 1988 by the passage of 16 U.S.C. 1248(c).
In August,…
2Cases cited20 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
- Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Thompson v. Texas Mexican Railway Co.Supreme Court of the United States · 1946
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3Cited by6 opinions
- Ellamae Phillips Co. v. United StatesUnited States Court of Federal Claims · 2011
- Phillips Co. v. Denver & Rio Grande Western RailroadCourt of Appeals for the Tenth Circuit · 1996
- State v. Illinois Central RailroadLouisiana Court of Appeal · 2005
- Department of Natural Resources v. Carmody-Lahti Real Estate, IncMichigan Supreme Court · 2005
- Department of Natural Resources v. Carmody-Lahti Real Estate, IncMichigan Supreme Court · 2005
1 more not listed; retrieve them via the Exa API.