Union Pacific Railroad Company v. Chicago, Milwaukee, St. Paul And Pacific Railroad Company

549 F.2d 114 UNION PACIFIC RAILROAD COMPANY, a corporation, and Oregon-Washington Railroad & Navigation Company, a corporation, Appellants, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a corporation, Appellee. No. 75-1441. United States Court of Appeals, Ninth Circuit. Dec. 29, 1976. Randall B. Kester (argued), Portland, Ore., for appellants. J. Laurence Cable (argued), Portland, Ore., for appellee. Before TRASK and GOODWIN, Circuit Judges, and JAMESON, * District judge. GOODWIN, Circuit Judge. 1 The Union Pacific Railroad Company appeals a judgment of the district court, following a decision that a contract between the Union Pacific and the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (the Milwaukee) terminated when the connecting tracks were removed. We affirm. 2 In 1910, the predecessor to the Union Pacific (the Oregon-Washington Railroad & Navigation Company) entered into three trackage agreements with the predecessor to the Milwaukee (the Chicago, Milwaukee & Puget Sound Railway Company). 1 These contracts provided for the construction and operation of a continuous railroad system running from Morengo, Washington, through a depot in…