Burlington Northern, Inc. v. Chicago and North Western Transportation Company, a Corporation

LAY, Chief Judge.

On January 9, 1976, the Interstate Commerce Commission authorized Burlington Northern, Inc. (BN) and Chicago & North Western Transportation Company(CNW) to construct and operate a joint rail line in the Powder River Basin, Wyoming. 1 BN substantially paid for the line and now operates unit coal trains over it. CNW has not operated trains over the line.

Beginning in 1975, BN and CNW executed a series of three Joint Line Agreements that purport to govern the rights and obligations of the railroads in construction, operation, and ownership of the joint line. On June 13,1979, CNW…