Legal Opinion

Energy Transportation Systems, Inc. v. Union Pacific Railroad

District Court, D. Wyoming

Decided August 11, 1977No. C76-129BPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

BRIMMER, District Judge.

This controversy involves conflicting claims of ownership to the subsurface of lands subject to a railroad right of way granted pursuant to the Act of July 1,1862, 12 Stat. 489, as amended by the Act of July 2, 1864, 13 Stat. 356, which are sometimes referred to as the Pacific Railroad Acts. Both parties have acknowledged that the facts are undisputed and both parties have moved for summary judgment. The Court finds that there are no genuine issues as to any material fact. Jurisdiction is claimed both on the basis of diversity (28 U.S.C. Section 1332)…

2Cases cited10 opinions

  1. Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
  2. Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
  3. Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
  4. United States v. Union Pacific RailroadSupreme Court of the United States · 1957
  5. Swendig v. Washington Water Power Co.Supreme Court of the United States · 1924

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3Cited by6 opinions

  1. Union Pacific Railroad v. Santa Fe Pacific Pipelines, Inc.California Court of Appeal · 2014
  2. 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
  3. Home on the Range v. AT & T Corp.District Court, S.D. Indiana · 2005
  4. Energy Transportation Systems, Inc. v. Union Pacific RailroadDistrict Court, D. Kansas · 1978
  5. Puett v. Western Pacific RailroadNevada Supreme Court · 1988

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