Legal Opinion
Energy Transportation Systems, Inc. v. Union Pacific Railroad
Court of Appeals for the Eighth Circuit
Decided February 22, 1980No. 79-1259PublishedCited by 3 opinions
1Opinion of the Court
ROSS, Circuit Judge.
Union Pacific Railroad Company appeals from a decision of the district court1 declaring valid the transfer of an easement interest from the State of Nebraska to Energy Transportation Systems, Inc. (ETS).
On appeal, we are asked to determine: (1) the nature of Union Pacific’s interest in lands comprising its right-of-way under the *697Pacific Railroad Acts of 1862 and 1864, and (2) the extent of any subsurface interest in the land underlying Union Pacific’s right-of-way granted to Nebraska pursuant to the “in lieu” school land patent of 1899. We affirm.
Federal jurisdiction was…
2Cases cited6 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
- Energy Transportation Systems, Inc., a Delaware Corporation v. Union Pacific Railroad Company, a Utah Corporation, (Two Cases)Court of Appeals for the Tenth Circuit · 1979
- State of Wyoming, Oscar E. Swan, Commissioner of Public Lands v. Cecil D. Andrus, Secretary, United States Department of Interior, DefendantCourt of Appeals for the Tenth Circuit · 1979
- Rice v. United StatesDistrict Court, D. North Dakota · 1972
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Barahona v. Union Pacific RailroadCourt of Appeals for the Ninth Circuit · 2018
- Energy Transportation Systems, Inc. v. Union Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1980
- Martin Wells v. UprrCourt of Appeals for the Ninth Circuit · 2018