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SOUTHWESTERN ELEC. POWER CO. v. BURLINGTON NORTHERN RAILROAD CO.

No. 96-0684.

966 S.W.2d 467 (1998)

SOUTHWESTERN ELECTRIC POWER COMPANY, Petitioner, v. BURLINGTON NORTHERN RAILROAD COMPANY, Respondent.

Supreme Court of Texas.

Decided March 13, 1998.

Attorney(s) appearing for the Case

Ferd C. Meyer, Jr., Kenneth C. Raney, Jr., Dallas, David E. Keltner, Fort Worth, Michael V. Powell, Margaret Donahue Hall, Morris Harrell, Orrin L. Harrison, III, Thomas S. Leatherbury, Dallas, G. William Lavender, Texarkana, David R. Taggart Shreveport, LA, Harry M. Reasoner, Houston, for Petitioner.

John R. Mercy, Texarkana, Janice G. Barber, Fort Worth, William G. Gooding, Texarkana, Michael A. Hatchell, Tyler, Martin D. Schneiderman, Washington, DC, Victor Hlavink, Norman C. Russell, John L. Tidwell, Texarkana, Molly H. Hatchell, Tyler, for Respondent.

OWEN, Justice, delivered the opinion for a unanimous Court.

Southwestern Electric Power Company (SWEPCO) brought suit to recover alleged overcharges under long-term coal transportation contracts with Burlington Northern Railroad Company. Two theories of recovery were submitted to the jury. One was based on a contractual provision that addressed "gross inequity," and the second theory was based on unjust enrichment. The jury failed to find gross inequity but answered...

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