District Court, D. Colorado November 6, 1996, Civil Action 89-B-1786 (Farmland Industries, Inc. v. Colorado & Eastern Railroad)

FINDINGS OF FACT, CONCLUSIONS OF LAW, & ORDER

BABCOCK, District Judge.

A one-day trial to the court was held on October 28, 1996. Having heard testimony and reviewed the exhibits and the memoran-da of law submitted by the parties, I make the following findings of facts and conclusions of law and order the entry of judgment.

FINDINGS OF FACT

A.