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ENERGY TRANSP. SYSTEMS, INC. v. UNION PAC. R. R. CO.

Nos. 77-4116, 77-4151.

456 F.Supp. 154 (1978)

ENERGY TRANSPORTATION SYSTEMS, INC., a Delaware Corporation, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a Utah Corporation, Defendant (two cases).

United States District Court, D. Kansas.

June 27, 1978.

Attorney(s) appearing for the Case

William C. Farmer, Wichita, Kan., for plaintiff in case nos. 77-4116 and 77-4141.

Philip H. Lewis, Topeka, Kan., for defendant in case no. 77-4116.

C. Barry Schaefer, Harry Lustgarten, Jr., Howard F. Coray, Omaha, Neb., for defendant in case nos. 77-4116 and 77-4141.

Eidson, Lewis, Porter & Haynes, Topeka, Kan., for defendant in case no. 77-4151.

MEMORANDUM AND ORDER

ROGERS, District Judge.

These actions have been consolidated for purposes of disposition of pending cross motions for summary judgments. The parties have stipulated to the material facts. No genuine issue of material fact exists; therefore, the summary judgment motions of plaintiff and defendant are ripe for disposition.

Plaintiff seeks to construct and operate a coal slurry pipeline from Wyoming to Arkansas, and plans to lay...

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