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U.S. District Court: District of Columbia - Oxbow Carbon & Minerals et al v. Union Pacific Railroad et al [reply supporting judicial notice]

( December 15, 2011, 22:22 GMT | Official Statement) -- MLex Summary: Union Pacific has submitted its reply to Oxbow's opposition to Union Pacific's request for judicial notice. Union Pacific argues that, contrary to what Oxbow's opposition says, it requests that the court take notice of four facts, each of which can be readily determined from sources that cannot reasonably be questioned: the on-highway prices of fuel from June 2004 to July 2011, the locations of a tunnel and certain geographic formations, the formulas it uses to calculate fuel surcharges, and a general increase in the demand for rail freight starting in May 2005. Union Pacific says it only seeks notice of the facts, not their implications as Oxbow suggests.See reply below....

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