Legal Opinion

Union Pacific Railroad v. United States Ex Rel. U.S. Army Corps of Engineers

Court of Appeals for the Tenth Circuit

Decided January 5, 2010No. 08-7102PublishedCited by 10 opinions

1Opinion of the Court

HARTZ, Circuit Judge.

On May 23, 2003, a train owned and operated by the Union Pacific Railroad Company derailed when metal culverts beneath the tracks collapsed. The train had been traveling along the shoreline of Lake Eufaula, a man-made lake in eastern Oklahoma created as part of a United States Army Corps of Engineers project (the Project). Construction of the Project had required the relocation of existing railroad tracks and rail facilities belonging to the Missouri-Kansas-Texas Railroad Company, Union Pacific’s predecessor-in-interest. Under a contract (the Contract) between the…

2Cases cited29 opinions

  1. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  2. United States v. MitchellSupreme Court of the United States · 1980
  3. Feres v. United StatesSupreme Court of the United States · 1950
  4. Bowen v. MassachusettsSupreme Court of the United States · 1988
  5. Boyle v. United Technologies Corp.Supreme Court of the United States · 1988

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3Cited by10 opinions

  1. United States Marine, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2013
  2. West v. New Mexico Taxation & Revenue DepartmentDistrict Court, D. New Mexico · 2010
  3. United States Marine, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 2012
  4. Wethington v. SwainsonDistrict Court, W.D. Oklahoma · 2015
  5. EEC, Inc. v. Baker Hughes Oilfield Operations, Inc.Court of Appeals for the Tenth Circuit · 2012

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