Union Pacific Railroad

Court of Claims

Union Pacific Railroad

158 Ct. Cl. 707, 1962 U.S. Ct. Cl. LEXIS 205

United States Court of Claims·Decided October 12, 1962·No. Nos. 24-55 and 141-55·Published

Opinion

Judgment; estoppel by judgment. — These cases come before the court on defendant’s motion for summary judgment. Upon consideration thereof, together with the opposition thereto, oral argument of counsel, and on the basis of estoppel by prior judgment in Union Pacific Railroad Co. v. United States, 152 Ct. Cl. 523, the court concluded that plaintiff is not entitled to recover on its petitions and that defendant is entitled to judgment on its counterclaims, and, on October 12,1962, ordered that the petitions be dismissed. It was further ordered that the defendant recover of and from the plaintiff $2,843.95 on its counterclaim in case No. 2U55 and $727.33 on its counterclaim in case No. 141-55.

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Judgment; estoppel by judgment. — These cases come before the court on defendant’s motion for summary judgment. Upon consideration thereof, together with the opposition thereto, oral argument of counsel, and on the basis of estoppel by prior judgment in Union Pacific Railroad Co. v. United States, 152 Ct. Cl. 523, the court concluded that plaintiff is not entitled to recover on its petitions and that defendant is entitled to judgment on its counterclaims, and, on October 12,1962, ordered that the petitions be dismissed. It was further ordered that the defendant recover of and from the plaintiff $2,843.95 on its counterclaim in case No. 2U55 and $727.33 on its counterclaim in case No. 141-55.

Union Pacific Railroad, 158 Ct. Cl. 707, 1962 U.S. Ct. Cl. LEXIS 205 (cc 1962).

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