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U.S. v. COLORADO & EASTERN R. CO.

Nos. 94-1041, 93-1422.

50 F.3d 1530 (1995)

UNITED STATES of America, Plaintiff, v. COLORADO & EASTERN RAILROAD COMPANY, Defendant-Appellant. FARMLAND INDUSTRIES, INC., Defendant-Appellee, and Maytag Corporation, McKesson Corporation, Defendants, v. Gary W. FLANDERS; Great Northern Transportation Company, Third-Party Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 17, 1995.

Attorney(s) appearing for the Case

Wayne B. Schroeder (Ronald L. Fano with him on the brief) of Grimshaw & Harring, P.C., Denver, CO, for appellee.

Katherine L. Letson (Timothy R. Gablehouse, Joshua B. Epel and Karina M. Thomas with her on the brief) of Gablehouse, Epel & Letson, Denver, CO, for appellants.

Before ANDERSON, FAIRCHILD, and BARRETT, Circuit Judges.

OPINION ON REHEARING

BARRETT, Senior Circuit Judge.

Appellee's petition for rehearing is granted in part. This court's prior opinion, filed November 17, 1994, is withdrawn.

Colorado & Eastern Railroad Company (CERC), Great Northern Transportation Company (CERC's holding company) and Gary W. Flanders (CERC's former president and sole shareholder), collectively referred to as "the CERC parties," appeal from the district court's judgment entered...

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