Balfour Beatty Rail, Inc. v. Kansas City Southern Railway Co.

MEMORANDUM OPINION AND ORDER

Sam A, Lindsay, United States District Judge

The court makes the following findings of. fact and conclusions of law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure following a bench trial on the following claims by Plaintiff Balfour Beatty Rail Inc. (“Plaintiff’ or “BBRI”) and Defendant The Kansas City Southern Railway Company (“Defendant” or “KCSR”) that remained after summary judgment and were tried to the court: (1) BBRI’s contract claim for cumulative impact or prolongation delay damages (“Prolongation Delay Claim”); (2) BBRI’s claims *380based on…