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BURLINGTON NORTHERN v. C & NW TRANSP. CO.

No. WD 46413.

851 S.W.2d 28 (1993)

BURLINGTON NORTHERN RAILROAD COMPANY, Respondent, v. CHICAGO & NORTHWESTERN TRANSPORTATION COMPANY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 27, 1993.

Attorney(s) appearing for the Case

David M. Harding, Kansas City, for appellant.

Edward W. Mullen, Kansas City, for respondent.

Before LOWENSTEIN, C.J., and TURNAGE and HANNA, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 27, 1993.

HANNA, Judge.

Defendant, Chicago & Northwestern Transportation Co. ("C & NW"), appeals the trial court's granting of summary judgment in favor of plaintiff, Burlington Northern Railroad ("Burlington"). On December 1, 1984, Burlington and C & NW entered into a "Temporary Agreement Covering Advance Right of Entry and Occupancy of Burlington Northern, Inc. Property" ("Temporary...

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