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BURLINGTON NORTH. & SANTA FE RY, CO. v. KANSAS CITY RY.

No. 98-2307-JWL.

73 F.Supp.2d 1274 (1999)

The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Plaintiff, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant.

United States District Court, D. Kansas.

August 16, 1999.

Attorney(s) appearing for the Case

William P. Coates, Jr., Holman, Hansen & Colville, P.C., Prairie Village, KS, for plaintiff.

James F. Duncan, Robert B. Best, Jr., Brian Edward Engel, Armstrong Teasdale LLP, Kansas City, MO, for defendant.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

Plaintiff Burlington Northern and Santa Fe Railway Company ("BNSF") instituted this diversity action to recover damages arising from defendant Kansas City Southern Railway Company's ("KCS") alleged breach of the parties' contract. In its memorandum and order dated March 2, 1999, this court denied defendant KCS' motion for summary judgment, and entered summary judgment in favor of plaintiff BNSF, finding...

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