Marshall v. Chicago N.W. Transp

2 Citing cases

  1. Marshall v. Chicago Northwestern Transp. Co.

    31 F.3d 1028 (10th Cir. 1994)   Cited 11 times
    In Marshall v. Chicago & Northwestern Transportation Co., 31 F.3d 1028, 1030-32 (10th Cir. 1994), we held that § 912 applies to grants under the 1875 Act.

    The plaintiffs filed a motion for summary judgment on all their claims, and in support thereof relied "on the pleadings, the exhibits submitted herewith, and an accompanying memorandum of law." After hearing, the district court granted plaintiffs' motion for summary judgment on December 11, 1992, the court's order now appearing as Marshall v. Chicago Northwestern Transp. Co., 826 F. Supp. 1310 (D.Wyo. 1992). A so-called "Corrected Judgment and Decree of Abandonment and Quiet Title" was entered on January 20, 1993. That judgment, minus the caption, reads as follows:

  2. Phillips Co. v. Southern Pac. Rail Corp.

    902 F. Supp. 1310 (D. Colo. 1995)   Cited 4 times

    Thus, these cases do not establish that the Aspen Branch can be abandoned without prior Commission approval. In this category of cases are: Idaho v. Oregon Short Line R.R., 617 F. Supp. 213 (D.Idaho 1985); Vieux v. East Bay Regional Park Dist., 906 F.2d 1330 (9th Cir. 1990); and Marshall v. Chicago North Western [Northwestern] Transp. Co., 826 F. Supp. 1310 (D.Wyo. 1992), aff'd 30 [31] F.3d 1028 (10th Cir. 1994). Phillips cites Oklahoma City — Ada — Atoka Ry. Co. v. City of Ada, 182 F.2d 293 (10th Cir. 1950).