Burlington Northern, Inc. v. Chicago & North Western Transportation Co.

DIANA E. MURPHY, District Judge.

In this action, plaintiff Burlington Northern, Inc. (BN), seeks a declaration by this court that the rights of defendant Chicago and North Western Transportation Co. (CNW) to participate jointly with BN in construction and operation of a railroad line, pursuant to a contract between them, were terminated by CNW’s failure to make payment of its share of construction costs as required by the contract. Jurisdiction herein was found by the Honorable Edward J. Devitt in an order denying plaintiff’s motion to remand to state court upon defendant’s removal. 1 BN has…