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KANSAS POWER & LIGHT v. BURLINGTON NORTHERN R. CO.

Civ. A. No. 82-4018.

544 F.Supp. 1336 (1982)

The KANSAS POWER AND LIGHT COMPANY, Plaintiff, and Kansas Corporation Commission, Intervenor-Plaintiff, v. BURLINGTON NORTHERN RAILROAD CO., Defendant.

United States District Court, D. Kansas.

August 19, 1982.

Attorney(s) appearing for the Case

John K. Rosenberg, David S. Black, Topeka, Kan., John M. Cleary, Frederic L. Wood, Donelan, Cleary, Wood & Maser, Washington, D. C., for plaintiff.

Dennis D. Ahlers, Asst. Gen. Counsel, Kansas Corp. Com'n, Topeka, Kan., for intervenor-plaintiff.

Betty Jo Christian, Loren Kieve, Steptoe & Johnson, Chtd., Washington, D. C., Edward Mullen, Thomas E. Deacy, Deacy & Deacy, Kansas City, Mo., Donald Patterson, Fisher, Patterson, Sayler & Smith, Topeka, Kan., Donald E. Engle, St. Paul, Minn., for defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This is an action for declaratory judgment and for a permanent injunction to prevent defendant Burlington Northern Railroad Company [hereinafter BN] from breaching an agreement or violating a promise to Kansas Power and Light Company [hereinafter KPL] by putting into effect rates and charges for the transportation of coal from Belle Ayr, Wyoming, to KPL's generating...

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