The KANSAS POWER & LIGHT COMPANY, Plaintiff-Appellant,
State Corporation Commission of the State of Kansas, Intervening Plaintiff-Appellant,
v.
BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellee.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 23, 1984.
July 23, 1984.
Attorney(s) appearing for the Case
John M. Cleary, Donelan, Cleary, Wood & Maser, P.C., Washington, D.C. (David S. Black, Senior Vice President-Law, John K. Rosenberg, Asst. Gen. Counsel, The Kansas Power & Light Co., Topeka, Kan., and Nicholas J. DiMichael, Jade Alice Eaton and Roger K. Davis, Donelan, Cleary, Wood & Maser, P.C., Washington, D.C., with him on briefs), for plaintiff-appellant, Kansas Power and Light Co.
Brian J. Moline, Gen. Counsel, Dennis D. Ahlers, Asst. Gen. Counsel, Kansas Corp. Com'n, Topeka, Kan., on brief for intervening plaintiff-appellant, Kansas Corp. Com'n.
Betty J. Christian, Steptoe & Johnson, Chartered, Washington, D.C., and Thomas E. Deacy, Jr., Deacy & Deacy, Kansas City, Mo. (Martin D. Schneiderman and Charles G. Cole, Steptoe & Johnson, Chartered, Washington, D.C., and Edward W. Mullen and Patrick C. Cena, Deacy & Deacy, Kansas City, Mo., and Donald E. Engle and Nicholas P. Moros, St. Paul, Minn., of counsel, Burlington Northern R. Co., with them on brief), for defendant-appellee.
Herbert J. Martin and Frederick W. Claybrook, Jr., of Crowell & Moring, Washington, D.C., on brief for amici curiae, The Cleveland-Cliffs Iron Co., Jones & Laughlin Steel Corp., and Inland Steel Co.
Before SETH, Chief Judge, and DOYLE and SEYMOUR, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
WILLIAM E. DOYLE, Circuit Judge.
I. INTRODUCTION
This is an action which was instituted by The Kansas Power & Light Company (KPL). The allegation was that there was a breach of contract on the part of Burlington Northern Railroad Company. KPL sought a declaratory order that the parties had entered into an enforceable contract and a permanent injunction prohibiting BN from breaching the contract. The basic issue is whether a contract existed.
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