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UNION PACIFIC R. CO. v. NEVADA POWER CO.

No. 89-16471.

950 F.2d 1429 (1991)

UNION PACIFIC RAILROAD COMPANY and its Lessors, Plaintiff-Counter-Defendant-Appellee, v. NEVADA POWER CO., a Nevada corporation, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1991.

Attorney(s) appearing for the Case

Michael J. Ogborn, Heron, Burchete, Ruckert & Rothwell, Denver, Colo., and M. Gene Matteucci, Nevada Power Co., Las Vegas, Nev., for defendant-counter-claimant-appellant.

Robert B. Batcheler, Union Pacific R. Co., Omaha, Neb., and Mark L. Gentile, Miles, Pico & Mitchell, Las Vegas, Nev., for plaintiff-counter-defendant-appellee.

Before GOODWIN, THOMPSON and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

Nevada Power Company ("Nevada Power") operates a coal-fired electricity-producing plant near Moapa, Nevada. Since 1978, Union Pacific Railroad Company ("Union Pacific") has transported coal to the plant from Hiawatha, Utah, and other stations along the Utah Railway.1 From the very inception of this relationship, the parties have disagreed over the proper transportation...

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