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KANSAS CITY POWER, ETC. v. BURLINGTON NO. R. CO.

No. 81-1056-CV-W-8.

534 F.Supp. 1318 (1982)

KANSAS CITY POWER AND LIGHT COMPANY, Plaintiff, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant.

United States District Court, W. D. Missouri, W. D.

March 17, 1982.

Attorney(s) appearing for the Case

William L. Slover, Washington, D. C., A. Drue Jennings, Paul Anthony White, Kansas City, Mo., for plaintiff.

Thomas E. Deacy, St. Paul, Minn., Edward W. Mullen, Deacy & Deacy, Kansas City, Mo., Betty Jo Christian, Loren Kieve, Steptoe & Johnson, Chartered, Washington, D. C., for defendant.

MEMORANDUM OPINION AND JUDGMENT

STEVENS, District Judge.

In this action plaintiff Kansas City Power and Light Company (KCPL) seeks to enjoin defendant Burlington Northern Railroad Company (BN) from collecting the tariff rate BN has published for the unit-train shipment of coal from Thunder Junction, Wyoming, to Sadler, Missouri. Plaintiff KCPL asserts that the shipment of coal from Wyoming to Sadler, Missouri, is governed by a rate contract and that the...

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