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BAKER GROUP v. BURLINGTON NORTHERN & SANTA FE RY.

No. 99-3054, 99-3426.

228 F.3d 883 (2000)

The BAKER GROUP, L.C., et al., Plaintiffs-Appellants, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Defendant-Appellee. In re The Baker Group, L.C., et al., Petitioners.

United States Court of Appeals, Eighth Circuit.

Filed: October 3, 2000.

Rehearing and Rehearing Denied December 1, 2000.

Attorney(s) appearing for the Case

Denis James Campbell Owens, argued, Kansas City, Missouri, for Plaintiffs-Appellants.

Curtis L. Tiderman, argued, Overland Park, Kansas, for Defendant-Appellee.

Before BOWMAN, FLOYD R. GIBSON, and LOKEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 1, 2000.*

LOKEN, Circuit Judge.

In 1987, The Baker Group, L.C., and the MTY Profit Sharing Plan and Trust (collectively "the Baker Group") leased over 600 covered grain railcars to the Burlington Northern and Santa Fe Railway Company ("BNSF") for a lease term ending October 31, 1997.2 Article 8 of the lease governed maintenance and modification of the...

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