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WEISER v. UNION PACIFIC R.R. CO.

No. 20080124.

247 P.3d 357 (2010)

2010 UT 4

Glen C. WEISER, Plaintiff and Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied May 24, 2010.

Attorney(s) appearing for the Case

Steven W. Call , Elizabeth M. Peck , Salt Lake City, for plaintiff.

J. Clare Williams , Jeffery J. Devashrayee , Reha Deal, Salt Lake City, for defendant.

WILKINS, Justice:

INTRODUCTION

¶ 1 In this direct appeal we are asked to determine the effect of a filed but unperfected pre-emption claim on the conveyance of property to the Utah Central Railroad Company under a perfected right-of-way grant by Act of Congress in 1870. Under federal law, a general right-of-way grant to a railroad is effective against pre-emptions that have only attached, but not against those that are perfected. In this case, the railroad...

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