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BURLINGTON NORTHERN SANTA FE v. PHILLIPS PETROLEUM

No. 99-CV-817-C.

164 F.Supp.2d 1272 (2001)

BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, Plaintiff, v. PHILLIPS PETROLEUM COMPANY, Frank Maltsberger, Jarrett Maltsberger d/b/a/ Maltsberger Bros. Oil Company, Burk-Bales Corporation, Jeff Bales and Robert Burk, Defendants.

United States District Court, N.D. Oklahoma.

September 11, 2001.

Attorney(s) appearing for the Case

Rod L. Cook, Rainey Ross Rice & Binns, Oklahoma City, OK, David E. Cowen, Douglas W. Poole, Lyle Courtney, McLeod Alexander Powel & Apffel, Galveston, TX, for Burlington Northern and Santa Fe Railway Company.

Joseph Arthur McCormick, James Edward Cinocca, Jr., McCormick & Fields, Tulsa, OK, for Frank Maltsberger, Jarrett Maltsberger.

Blake K. Champlin, Shipley Jennings & Champlin, Tulsa, OK, for Burk-Bales Corp., Robert Burk.

Jefferson CV Rees, Phillips Petroleum Company General Counsel, Bartkesville, OK, Steven Joseph Adams, Lloyd W. Landreth, Gardere Wynne Sewell, LLP, Tulsa, OK, Jeffery E. Carlson, Tulsa, OK, for Phillips Petroleum Company.

ORDER

H. DALE COOK, Senior District Judge.

Before the Court are the cross motions for summary judgment filed by plaintiff Burlington Northern & Santa Fe Railway Company (Burlington), and defendants Burk-Bales Corporation (BBC) and Robert Burk, individually (Burk).

Summary of the Claim

BBC leased property from Burlington for the operation of a bulk oil facility in Pawnee, Oklahoma. Robert Burk owns 60 percent of the shares of...

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