Burlington Northern & Santa Fe Railway Co. v. Kansas City Southern Railway Co.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

In this diversity action, plaintiff Burlington Northern and Santa Fe Railway Company (“BNSF”) seeks damages arising from defendant Kansas City Southern Railway Company’s (“KCS”) alleged breach of contract. The matter is presently before the court on the cross-summary judgment motions of plaintiff (doc. 46) and defendant (doc. 44). For the reasons set forth below, defendant’s motion for summary judgment is denied, and plaintiffs motion for summary judgment is granted in part and denied in part. Plaintiff is entitled to judgment in the amount of…