Public Service Company of Oklahoma v. Burlington Northern Railroad Company

BARRETT, Senior Circuit Judge.

Burlington Northern Railroad Company (BN) appeals from an order of the district court granting partial summary judgment in favor of Public Service Company of Oklahoma (PSO) and denying BN’s motion for summary judgment. In this diversity case, we are called upon to review an issue of contract construction governed by Oklahoma law.

Facts

During the early 1970’s, BN began developing rail transportation in the Powder River Basin of Wyoming to enable it to ship extensive coal deposits in that region. (Joint Appendix at 1142). One route, known as the Orin Line, was…