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SOUTHWESTERN ELEC. POWER v. BURLINGTON NORTHERN

Civ. A. No. M-79-96-CA.

475 F.Supp. 510 (1979)

SOUTHWESTERN ELECTRIC POWER COMPANY, a corporation v. BURLINGTON NORTHERN, INC., a corporation, The Kansas City Southern Railway Company, a corporation, and Louisiana & Arkansas Railway Company, a corporation.

United States District Court, E. D. Texas, Marshall Division.

August 13, 1979.

Attorney(s) appearing for the Case

Curtis Berg, Gen. Sol., for Burlington Northern, Inc., St. Paul, Minn., Walker Friedman, of Law, Snakard, Brown & Gambill, Fort Worth, Tex., for defendant Burlington Northern, Inc.

Howard Coghlan, Longview, Tex. and John M. Cleary, of Donelan, Cleary, Wood & Maser, Washington, D. C., for plaintiff.

J. David Hughes, Asst. Atty. Gen., Austin, Tex., for the State of Texas.

MEMORANDUM OPINION

PARKER, District Judge.

This is an action for a declaratory judgment and an injunction brought by Plaintiff, Southwestern Electric Power Company, pursuant to 28 U.S.C. §§ 2201 and 2202. Plaintiff seeks to prevent the breach of a contract it claims was made with Defendants Burlington Northern, Inc., The Kansas City Southern Railway Company, and Louisiana & Arkansas Railway Company via extended negotiations that culminated...

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