The Southern Pacific SantaFeRailroad (SPSF) was intended to be formed as part of the merger between the parent companies of the Southern Pacific and SantaFerailroads announced on December 23, 1983.
In 1995, the SantaFerailroad merged with the Burlington Northern Railroad to form the Burlington Northern and SantaFe Railway (BNSF), and the SP merged with the Union Pacific Railroad the following year.
The locomotive livery featured the SantaFe's Yellowbonnet with a red stripe on the locomotive's nose; the remainder of the locomotive body was painted in Southern Pacific's Bloody Nose red with a fl roof and fl extending down to the lower part of the locomotive's radiator grills.
SantaFe states that the release it executed pursuant to section 321(b) of the 1940 Act did not apply to transactions under the 1897 Act, because the 1897 Act was directed to forest preservation and not to railroad land grants.
SantaFe states that the Secretary of the Interior's construction of section 321(b) over the years after 1940, before and after the Court's decision in Krug, confirms that a less sweeping scope of the 1940 Act was well understood by those charged with its administration.
SantaFe argues that Krug is distinguished on this ground, in that Krug concerned an application by SantaFe to exercise lieu selection rights, and did not consider whether SantaFe had a continuing property interest in the underlying base land pursuant to the patented land exception of the 1940 Act.
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