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BURLINGTON NORTHERN RAILROAD CO. v. OMAHA PUBLIC POWER DIST.

Nos. 88-2571, 88-2608.

888 F.2d 1228 (1989)

BURLINGTON NORTHERN RAILROAD COMPANY, Appellee, v. OMAHA PUBLIC POWER DISTRICT, Appellee. Appeal of NEBRASKA PUBLIC POWER DISTRICT. BURLINGTON NORTHERN RAILROAD COMPANY, Appellant, v. OMAHA PUBLIC POWER DISTRICT and Nebraska Public Power District, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 1, 1989.

Attorney(s) appearing for the Case

James A. Eske, Lincoln, Neb., for appellant.

Steven Reed, Washington, D.C., for appellees.

Before JOHN R. GIBSON and WOLLMAN, Circuit Judges, and HENLEY, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Burlington Northern Railroad Company's contract to transport coal for Omaha Public Power District was held to be a trade secret under the Nebraska Public Records Act, Neb.Rev.Stat. § 84-712.05 (Reissue 1987), and therefore not subject to public disclosure as sought by Nebraska Public Power District. Nebraska Power appeals and argues that Omaha Power did not raise the issue of whether the contract contained trade secrets, and that...

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