Valenzuela v. Union Pacific Railroad

ORDER

David G. Campbell, United States District Judge

The question to be decided is whether Defendant Union Pacific Railroad Company is foreclosed from arguing that Congress granted it certain rights with respect to more than 500 miles of railroad rights-of-way in Arizona because a California Court of Appeal, addressing a question that had not been ruled on by the trial court or presented by the parties, decided that Congress had not granted Union Pacific these rights. The Court concludes that the appellate court’s decision does not have collateral estoppel effect.

I. Background.

The Court of…