Opinion
Case No. 02-13533, Jointly Administered.
June 9, 2005
ORDER APPROVING WITHDRAWAL OF CLAIMS OF UNION PACIFIC RAILROAD COMPANY
IT IS HEREBY ORDERED THAT Union Pacific proofs of claim 26570, 33200, 33201 and 33202 are withdrawn without prejudice to Union Pacific to later assert its indemnification rights under agreements in which Debtors were permitted to install fiber optic cable on portions of Union Pacific right of way, and under which Union Pacific contends Debtors agreed to indemnify Union Pacific against any liability which it may incur in connection with claims or lawsuits that have been or may be brought against Union Pacific for trespass, unjust enrichment or other legal theories in connection with the presence of the Debtors' fiber optic cable in or on Union Pacific right of way, without prejudice to any defense of the Debtors.