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PHELPS DODGE CORPORATION v. ATCHISON, T. S. F. RY. CO.

Nos. 9682, 9683.

400 F.2d 20 (1968)

PHELPS DODGE CORPORATION, a corporation, Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Appellee. W. S. RANCH COMPANY, Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

September 5, 1968.

Attorney(s) appearing for the Case

Earl H. Carroll, of Evans, Kitchel & Jencks, Phoenix, Ariz., for appellant, Phelps Dodge Corp.

A. K. Montgomery and Richard S. Morris, of Montgomery, Federici & Andrews, Santa Fe, N. M. (G. Gordon Robertson of Robertson & Robertson, Raton, N. M., was on the brief) for appellant, W. S. Ranch Co.

Richard G. Cooper, Albuquerque, N. M. (Bryan G. Johnson, Richard K. Knowlton and Marshall G. Martin, Albuquerque, N. M., were on the brief) for appellee, The Atchison, Topeka and Santa Fe Railway Co.

Before MURRAH, Chief Judge, and LEWIS and BREITENSTEIN, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

These appeals come from the District of New Mexico after entry of judgments on separate jury verdicts determining the amount of just compensation due each of the two appellants, Phelps Dodge Corporation and W. S. Ranch Company, for lands taken by the appellee railroad through condemnation proceedings for a right-of-way across lands owned by appellants. The action was initiated by the Santa Fe in state court and was removed to federal...

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