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

No. 79-1259.

619 F.2d 696 (1980)

ENERGY TRANSPORTATION SYSTEMS, INC., a Delaware Corporation, and Board of Educational Lands and Funds of the State of Nebraska, Appellees, v. UNION PACIFIC RAILROAD COMPANY, a Utah Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 22, 1980.

Attorney(s) appearing for the Case

Howard F. Coray, Los Osos, Neb. (argued), Harry Lustgarten, Jr., F. Jerome Given and Daniel P. Morisseau, Omaha, Neb., on brief, for appellant.

Donn E. Davis, Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, Neb. (argued), and Mark D. McGuire, Lincoln, Neb., on brief, for appellee.

Before ROSS and STEPHENSON, Circuit Judges, and McMANUS, District Judge.

ROSS, Circuit Judge.

Union Pacific Railroad Company appeals from a decision of the district court1 declaring valid the transfer of an easement interest from the State of Nebraska to Energy Transportation Systems, Inc. (ETS).

On appeal, we are asked to determine:

(1) the nature of Union Pacific's interest in lands comprising its right-of-way under the Pacific Railroad Acts of 1862...

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