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UNION PACIFIC R. CO. v. U.S. DEPT. OF HOMELAND

No. 12-2143.

738 F.3d 885 (2013)

UNION PACIFIC RAILROAD COMPANY, Plaintiff-Appellee v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY; Rand Beers, in his official capacity, Defendants-Appellants United States of America, Plaintiff-Appellant v. Union Pacific Railroad Company, Defendant-Appellee United States of America, Plaintiff-Appellant v. Union Pacific Railroad Company, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 12, 2013.

Attorney(s) appearing for the Case

Christine Noel Kohl , argued, Washington, DC ( Robert Mark Loeb , on the brief), for Appellant.

James Scott Ballenger , argued, Washington, DC ( William Maxwell Lamson, Jr. , Rebecca B. Gregory , Omaha, NE, on the brief), for Appellee.

Before RILEY, Chief Judge, MELLOY and SHEPHERD, Circuit Judges.

RILEY, Chief Judge.

On thirty-eight occasions between 2001 and 2006, United States Customs and Border Protection (CBP), a component of the U.S. Department of Homeland Security (DHS), found illegal drugs secreted on trains brought to the U.S. border by Ferrocarril Mexicano S.A. de C.V. (Ferromex) or Kansas City Southern de Mexico S.A. de C.V. (KCSM), both Mexican railroads. Although the Union Pacific Railroad Company (UP) did not control the trains before their arrival...

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