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BURLINGTON NO. AND SANTA FE RAILWAY COMPANY v. SOUTH PLAINS SWITCHING

No. 2-04-364-CV.

174 S.W.3d 348 (2005)

The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Appellant, v. SOUTH PLAINS SWITCHING, LTD. CO., Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled September 15, 2005.

Attorney(s) appearing for the Case

Kelly, Hart & Hallman, P.C., Donald E. Herrmann, Jeffrey R. Grable, Caj D. Boatright, Michael D. Roper, Fort Worth, for Appellant.

James L. Gorsuch, Lubbock, and Thomas F. McFarland, Chicago, IL, for Appellee.

PANEL B: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

OPINION

DIXON W. HOLMAN, Justice.

This case arises from a dispute over the meaning of certain provisions in an Asset Sales Agreement (the Agreement) between Appellant Burlington Northern and Santa Fe Railway Company (BNSF) and Appellee South Plains Switching, Ltd. Co. (South Plains). After careful consideration of Appellant's issues, we affirm in part and reverse and render in part.

BACKGROUND AND PROCEDURAL HISTORY

BNSF and South Plains...

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