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LKL ASSOCIATES, INC. v. UNION PACIFIC RAILROAD CO.

No. 18-4123, No. 18-4130.

17 F.4th 1287 (2021)

LKL ASSOCIATES, INC., a Utah corporation; Heber Rentals, a Utah limited liability company, Plaintiff Counter Defendants-Appellants/Cross-Appellees, v. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, Defendant Counterclaimant-Appellee/Cross-Appellant. LKL Associates, Inc., a Utah corporation; Heber Rentals, a Utah limited liability company, Plaintiff Counter Defendants-Appellees, v. Union Pacific Railroad Company, a Delaware corporation, Defendant Counterclaimant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED November 10, 2021.

Attorney(s) appearing for the Case

Sean Connelly , Connelly Law LLC, Denver, Colorado ( David R. Nielson , Kevin M. Bischoff , and Michael D. Lichfield , Skoubye, Nielson & Johansen, LLC, Salt Lake City, Utah, with him on the briefs) for Plaintiff Counter Defendants-Appellants/Cross-Appellees.

J. Scott Ballenger , Latham & Watkins LLP, Washington, D.C. ( William M. Friedman and Eric J. Konopka , Latham & Watkins LLP, Washington, D.C., and Julianne P. Blanch and Adam E. Weinacker , Parsons Behle & Latimer, Salt Lake City, Utah, with him on the briefs), for Defendant Counterclaimant-Appellee/Cross-Appellant.

Before HOLMES, BRISCOE, and EID, Circuit Judges.

For almost 18 years, the Union Pacific Railroad ("Union Pacific") charged Heber Rentals, LC ("Heber") and L.K.L. Associates, Inc. ("L.K.L.") rent under a lease that allowed L.K.L. to continue operating a building materials supply business on land that is owned in fee by Heber—and leased to L.K.L.—but encumbered...

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