Union Pacific Railroad v. Cedar Rapids & Iowa City Railway Co.

MEMORANDUM OPINION AND ORDER REGARDING THE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

BENNETT, District Judge.

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One railroad contends that another railroad has breached an express written contract or an implied-in-fact contract to pay a share of the costs to construct a rail interchange yard between the two railroads’ lines to improve service by both railroads to a key customer. In a motion for summary judgment, the defendant railroad asserts that the plaintiff breached the conditions precedent in the parties’ written contract and then decided to go forward on its own…