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UNION PAC. R. CO. v. CHICAGO, M., ST. P., ETC.

Civ. No. 72-192.

425 F.Supp. 261 (1974)

UNION PACIFIC RAILROAD COMPANY, a corporation, and Oregon-Washington Railroad & Navigation Company, a corporation, Plaintiffs, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a corporation, Defendant.

United States District Court, D. Oregon.

November 26, 1974.

Attorney(s) appearing for the Case

Randall B. Kester, Walter J. Cosgrave, Austin W. Crowe, Jr., Portland, Or., for plaintiffs.

Rockne Gill, J. Laurence Cable, Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., Warren H. Ploeger, Seattle, Wash., for defendant.

MEMORANDUM OPINION

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BELLONI, Judge:

Oregon-Washington Railroad and Navigation Company (OWR&N) and Union Pacific Railroad Company (UP) seek a declaration of their rights and obligations under the Spokane-Marengo contract.

The Spokane-Marengo contract, executed on April 15, 1912, governed the western section of a continuous railroad line running between Marengo, Washington and NP Crossing in Spokane...

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