Entergy Services, Inc. v. Union Pacific Railroad

MEMORANDUM AND ORDER

STROM, Senior District Judge.

This ease involves a breach of contract suit by Entergy Services, Inc. (“ESI”) and Enter-gy Arkansas, Inc. (“EAI”) (hereinafter collectively referred to as “Entergy”) against Union Pacific Railroad (“UP”) based on Rail Transportation Agreements whereby UP was to transport coal from the Powder River Basin (“PRB”) in Wyoming and Montana to Entergy’s coal-fired power plants in Arkansas. Entergy originally brought this suit seeking liquidated damages, actual damages and judicial cancellation of the contract for UP’s alleged failure to deliver coal.…