Union Pacific Railroad v. United States Ex Rel. U.S. Army Corps of Engineers
Court of Appeals for the Tenth Circuit
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…
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