KANSAS CITY POWER AND LIGHT v. BURLINGTON NORTHERN

No. 82-1378.

707 F.2d 1002 (1983)

KANSAS CITY POWER AND LIGHT COMPANY, Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 3, 1983.

Rehearing Denied July 5, 1983.


Attorney(s) appearing for the Case

William H. Sanders, Kansas City, Mo., William L. Slover, C. Michael Loftus, Donald G. Avery, Kelvin J. Dowd, Washington, D.C., for Kansas City Power and Light Co.; A. Drue Jennings, Gen. Counsel, Kansas City Power and Light Co., Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., Slover & Loftus, Washington, D.C., of counsel.

Betty Jo Christian, James H. Pipkin, Jr., Charles G. Cole, Steptoe & Johnson Chartered, Washington, D.C., Thomas E. Deacy, Jr., Edward W. Mullen, Patrick C. Cena, Deacy & Deacy, Kansas City, Mo., for appellee Burlington Northern R. Co.; Donald E. Engle, Nicholas P. Moros, Burlington Northern R. Co., St. Paul, Minn., of counsel.

Before ROSS and FAGG, Circuit Judges, and WATERS, District Judge.


ROSS, Circuit Judge.

This action was filed by Kansas City Power and Light (KCPL) against Burlington Northern Railroad (BN) to enjoin BN from collecting the tariff rate which BN filed with the Interstate Commerce Commission (ICC) for shipment of coal to Iatan, Missouri (also known as Sadler, Missouri). KCPL asserted that the shipment was governed by a contract rate and that the proposed tariff was contrary to the provisions of that contract. BN argued that no such...

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