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

No. 80-1629.

649 F.2d 556 (1981)

BURLINGTON NORTHERN, INC., Appellant, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 15, 1981.

Rehearing and Rehearing Denied June 16, 1981.

Attorney(s) appearing for the Case

Frank S. Farrell, James R. Walker, Leah Manning Stetzner, St. Paul, Minn., Charles H. White, Jr. argued, Steven A. Lauer, Washington, D.C., for Burlington Northern Inc.

Edward M. Glennon, Kurtis A. Greenley, Lindquist & Vennum, Minneapolis, Minn., for appellee; Verner, Liipfert, Bernhard & McPherson, L. John Osborn, argued, Chicago, Ill., of counsel.

Before LAY, Chief Judge, and STEPHENSON and ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 16, 1981.

LAY, Chief Judge.

On January 9, 1976, the Interstate Commerce Commission authorized Burlington Northern, Inc. (BN) and Chicago & North Western Transportation Company(CNW) to construct and operate a joint rail line in the Powder River Basin, Wyoming.1 BN substantially paid for the line and now operates unit coal trains over it. CNW has not operated trains over the line.<...

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