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BURLINGTON NORTHERN v. CHICAGO & NORTH WESTERN

Civ. No. 4-79-605.

495 F.Supp. 109 (1980)

BURLINGTON NORTHERN, INC., Plaintiff, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Defendant.

United States District Court, D. Minnesota, Fourth Division.

June 26, 1980.

Attorney(s) appearing for the Case

Charles H. White, Jr., Arnall, Golden & Gregory, Washington, D. C., James R. Walker, Leah Manning Stetzner, Burlington Northern, Inc., St. Paul, Minn., for plaintiff.

Edward M. Glennon, Kurtis A. Greenley, Lindquist & Vennum, Minneapolis, Minn., Thomas E. Acey, Jr., Verner, Liipfert, Bernhard & McPherson, Washington, D. C., Christopher A. Mills, Chicago, Ill., Chicago and North Western Transp. Co., for defendant.

DIANA E. MURPHY, District Judge.

In this action, plaintiff Burlington Northern, Inc. (BN), seeks a declaration by this court that the rights of defendant Chicago and North Western Transportation Co. (CNW) to participate jointly with BN in construction and operation of a railroad line, pursuant to a contract between them, were terminated by CNW's failure to make payment of its share of construction costs as required by the contract. Jurisdiction herein was found by...

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