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BURLINGTON NORTHERN AND SANTA FE RY. CO. v. PSO.

No. 09-5133.

636 F.3d 562 (2010)

The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Applicant-Appellant, v. PUBLIC SERVICE COMPANY OF OKLAHOMA, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 10, 2010.

Attorney(s) appearing for the Case

Harry L. DeLung, Jr. , Freeborn & Peters LLP, Chicago, IL, ( Paul A. Duffy , Freeborn & Peters LLP, Chicago, IL, and William P. Tunnell, Jr. , Rainey Law Firm, Oklahoma City, OK, with him on the briefs, and Michael A. Smith , Freeborn & Peters LLP, Chicago, IL, with him on the Reply Brief only) for Applicant-Appellant.

John H. LeSeur , Slover & Loftus LLP, Washington, DC, ( Frank J. Pergolizzi , Slover & Loftus LLP, Washington, DC, and Lewis N. Carter , Doerner Saunders Daniel & Anderson, L.L.P., Tulsa, OK, with him on the brief) for Respondent-Appellee.

Before BRISCOE, Chief Judge, BALDOCK, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

This appeal arises from an 18-year rail pricing dispute between the Burlington Northern and Santa Fe Railway Company (BNSF) and the Public Service Company of Oklahoma (PSO). The question we must consider is whether the district court erred in confirming an arbitration board's decision despite BNSF's claims that the board misconstrued the parties' agreement and exceeded its authority by deciding a non-arbitrable issue.

We AFFIRM...

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