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BURLINGTON NORTHERN R. CO. v. SOO LINE R. CO.

Civ. No. 4-93-55.

162 B.R. 207 (1993)

BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff, v. SOO LINE RAILROAD COMPANY, Defendant.

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

December 13, 1993.

Attorney(s) appearing for the Case

Timothy R. Thornton, Scott G. Bowman, Briggs & Morgan, Minneapolis, MN, for plaintiff.

Wayne C. Serkland, Patrick J. Nugent, Minneapolis, MN, for defendant.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on defendant's motion for partial summary judgment and motion for a preliminary injunction. Both motions will be granted.

FACTS

I. 1902 Agreement

On May 28, 1902, the Chicago, Milwaukee & St. Paul Railway Company (Milwaukee) and the Chicago, Burlington & Quincy Railway Company (CB & Q) entered into...

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