No. 08-7102.

591 F.3d 1311 (2010)

UNION PACIFIC RAILROAD COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, ex rel. U.S. ARMY CORPS OF ENGINEERS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 5, 2010.

Attorney(s) appearing for the Case

Sarang V. Damle, Attorney, Appellate Staff, Civil Division (Michael F. Hertz, Acting Assistant Attorney General, Sheldon J. Sperling, United States Attorney, Thomas M. Bondy, Attorney, Appellate Staff, Civil Division, with him on the briefs), Washington, D.C., for Defendant-Appellant.

George R. Mullican (Robert D. Hart and Christopher D. Wolek, with him on the brief), Gibbs Armstrong Borochoff Mullican & Hart, P.C., Tulsa, OK, for Plaintiff-Appellee.

Before MURPHY, EBEL, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

On May 23, 2003, a train owned and operated by the Union Pacific Railroad Company derailed when metal culverts beneath the tracks collapsed. The train had been traveling along the shoreline of Lake Eufaula, a man-made lake in eastern Oklahoma created as part of a United States Army Corps of Engineers project (the Project). Construction of the Project had required the relocation of existing railroad tracks and rail facilities belonging to the...

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