Energy Transportation Systems, Inc. v. Union Pacific Railroad

MEMORANDUM AND ORDER

ROGERS, District Judge.

These actions have been consolidated for purposes of disposition of pending cross motions for summary judgments. The parties have stipulated to the material facts. No genuine issue of material fact exists; therefore, the summary judgment motions of plaintiff and defendant are ripe for disposition.

Plaintiff seeks to construct and operate a coal slurry pipeline from Wyoming to Arkansas, and plans to lay a pipeline under and across defendant’s railroad right of way. Plaintiff brings this action for quiet title and/or declaratory judgment against the…