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BURLINGTON NORTHERN AND SANTA FE RAILWAY v. KANSAS CITY SOUTHERN RAILWAY

No. 98-2307-JWL.

45 F.Supp.2d 847 (1999)

The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Plaintiff, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant.

United States District Court, D. Kansas.

March 2, 1999.

Attorney(s) appearing for the Case

William P. Coates, Jr., Holman, Hansen & Colville, P.C., Prairie Village, KS, for Burlington Northern and Santa Fe Railway Company, plaintiff.

James F. Duncan, Robert B. Best, Jr, Brian Edward Engel, Armstrong Teasdale LLP, Kansas City, MO, for Kansas City Southern Railway Company, defendant.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

In this diversity action, plaintiff Burlington Northern and Santa Fe Railway Company ("BNSF") seeks damages arising from defendant Kansas City Southern Railway Company's ("KCS") alleged breach of contract. The matter is presently before the court on the cross-summary judgment motions of plaintiff (doc. 46) and defendant (doc. 44). For the reasons set forth below, defendant's motion for summary judgment...

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