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UNION PACIFIC RAILROAD CO. v. VALE, OREGON IRRIGATION DIST.

Civ. No. 63-399.

253 F.Supp. 251 (1966)

UNION PACIFIC RAILROAD COMPANY, a corporation, Plaintiff, v. VALE, OREGON IRRIGATION DISTRICT, a quasi-municipal corporation, Defendant.

United States District Court D. Oregon.

March 28, 1966.

Attorney(s) appearing for the Case

Walter J. Cosgrave and L. James Bergmann, of Maguire, Shields, Morrison, Bailey & Kester, Portland, Or., for plaintiff.

Robert D. Lytle, Vale, Or., for defendant.

KILKENNY, District Judge:

Plaintiff's first, second and third claims arise out of damage to plaintiff's railroad right-of-way and tracks on plaintiff's Oregon Eastern Branch (Vale to Burns, Oregon), allegedly resulting from water escaping from defendant's irrigation canal located on a hillside above plaintiff's right-of-way. The first and second claims demand money damages, while the third claim seeks equitable relief against continuing trespasses.

The fourth...

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