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

Nos. 77-1770, 78-1680 and 78-1681.

606 F.2d 934 (1979)

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

United States Court of Appeals, Tenth Circuit.

Decided October 4, 1979.

Attorney(s) appearing for the Case

Henry A. Burgess, Sheridan, Wyo. (Kim D. Cannon and Burgess & Davis, Sheridan, Wyo., on the brief), for appellee in 77-1770.

Frederick G. Loomis of Loomis, Lazear, Wilson & Pickett, Cheyenne, Wyo., on the brief, for appellant in 77-1770.

Howard F. Coray, (C. Barry Schaefer and Harry Lustgarten, Jr., Omaha, Neb., on the brief), for appellant in 78-1680 and 78-1681.

Eidson, Lewis, Porter & Haynes, Topeka, Kan., on brief, for appellant in 78-1680 and 78-1681.

William C. Farmer, Wichita, Kan. (Smith, Shay, Farmer & Wetta, Wichita, Kan., on the brief), for appellee in 78-1680 and 78-1681.

Before McWILLIAMS and BARRETT, Circuit Judges, and MILLER, Judge.

McWILLIAMS, Circuit Judge.

These three appeals, one from a judgment of the United States District Court for the District of Wyoming (No. 77-1770) and two from a judgment of the United States District Court for the District of Kansas (Nos. 78-1680 and 78-1681) have been separately briefed, but companioned for purposes of oral argument. All will be treated in this opinion.

These appeals concern a dispute between Energy...

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