District Court, N.D. Iowa February 9, 2007, C 05-166-MWB (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