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SFPP, L.P. v. BURLINGTON NORTHERN

No. F043498.

17 Cal.Rptr.3d 96 (2004)

121 Cal.App.4th 452

SFPP, L.P., Plaintiff, Cross-defendant and Appellant; Kinder-Morgan, Inc., Cross-defendant and Appellant, v. The BURLINGTON NORTHERN & SANTA FE RAILWAY CO., Defendant, Cross-complainant and Respondent.

Court of Appeals of California, Fifth District.

August 5, 2004.

Attorney(s) appearing for the Case

Manatt, Phelps & Phillips, Mark D. Johnson, Costa Mesa, and Matthew S. Urbach, Los Angeles, for Plaintiff, Cross-defendants and Appellants.

Gresham Savage Nolan & Tilden, John C. Nolan, San Bernardino, and Marlene Allen for Defendant, Cross-complainant and Respondent.

OPINION

DAWSON, J.

A railroad and a pipeline company had a dispute over whether a pipeline existing in the railroad's right-of-way should be moved before the railroad built a second track in the right-of-way. The pipeline company refused to move the pipeline and filed a lawsuit to condemn a five-foot easement around the existing location of the pipeline. The parties agreed to employ a retired judge to...

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