Legal Opinion
Union Pacific Railroad v. United States
United States Court of Federal Claims
Decided June 28, 2002No. 01-490CPublishedCited by 9 opinions
1Opinion of the Court
ORDER
MILLER, Judge.
This contract case is before the court on defendant’s motion to dismiss under RCFC 12(b)(4) for failure to state a claim upon which relief can be granted. At issue is whether the Anti-Deficiency Act, 31 U.S.C. § 1341 (2000), precludes a claim predicated on the Government’s refusal to honor an indemnity clause. Argument is deemed unnecessary.
FACTS
The facts, viewed favorably to the pleader, are drawn from the complaint. Union Pacific Railroad Corporation (“plaintiff’) is a Delaware corporation operating as a common carrier by railroad. Until approximately 1970 the United…
2Cases cited23 opinions
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- Donald A. Henke v. United StatesCourt of Appeals for the Federal Circuit · 1995
- National Organization for Women, Inc. v. ScheidlerSupreme Court of the United States · 1994
- Hercules, Inc. v. United StatesSupreme Court of the United States · 1996
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3Cited by9 opinions
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- Insurance Co. of North America v. District of ColumbiaDistrict of Columbia Court of Appeals · 2008
- Parsons Transportation Group, Inc. v. United StatesUnited States Court of Federal Claims · 2008
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