The Kansas Power & Light Company, State Corporation Commission of the State of Kansas, Intervening v. Burlington Northern Railroad Company
Court of Appeals for the Tenth Circuit
1Opinion of the Court
WILLIAM E. DOYLE, Circuit Judge.
I. INTRODUCTION
This is an action which was instituted by The Kansas Power & Light Company (KPL). The allegation was that there was a breach of contract on the part of Burlington Northern Railroad Company. KPL sought a declaratory order that the parties had entered into an enforceable contract and a permanent injunction prohibiting BN from breaching the contract. The basic issue is whether a contract existed.
Burlington Northern (BN) denies that it entered into an enforceable contract with KPL, and thus, whether there was indeed a contract in effect is the basic…
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