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PUBLIC SERVICE CO. v. BURLINGTON NORTHERN R. CO.

No. 94-5133.

53 F.3d 1090 (1995)

PUBLIC SERVICE COMPANY OF OKLAHOMA, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 18, 1995.

Attorney(s) appearing for the Case

Samuel M. Sipe (Thomas M. Barba and David A. Stein of Steptoe & Johnson, Washington, DC, J. Warren Jackman of Pray, Walker, Jackman, Williamson & Marlar, Tulsa, OK, and Janice G. Barber, Fort Worth, TX, of counsel, with him on the briefs), for appellant.

Richard P. Hix (William C. Anderson, Lewis N. Carter and Jon E. Brightmire of Doerner, Stuart, Saunders, Daniel & Anderson, Tulsa, OK, and Orrin Harrison, III, Harry M. Reasoner and Michael J. Henke of Vinson & Elkins, Dallas, TX, with him, on the brief), for appellee.

Before KELLY and BARRETT, Circuit Judges, and OWEN, District Court Judge.

BARRETT, Senior Circuit Judge.

Burlington Northern Railroad Company (BN) appeals from an order of the district court granting partial summary judgment in favor of Public Service Company of Oklahoma (PSO) and denying BN's motion for summary judgment. In this diversity case, we are called upon to review an issue of contract construction governed by Oklahoma law.

Facts

During the early 1970's, BN began...

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