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FD 32760 · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY, AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY UP-SP MERGER

Decision 32884

Served (printed as 10/22/2002) · Decision · Entire Board

(1) RESOLVED A DISPUTE OVER THE MECHANISM FOR ADJUSTING THE FEES TO BE PAID BY THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) FOR TRACKAGE RIGHTS THAT BNSF ACQUIRED OVER THE LINES OF UNION PACIFIC RAILROAD COMPANY IN CONNECTION WITH THE 1996 UP/SP MERGER; AND (2) FOUND THAT BNSF HAS NOT SHOWN THAT CERTAIN DISPUTED ITEMS SHOULD BE OMITTED FROM THE CALCULATIONS USED TO DETERMINE ANNUAL ADJUSTMENTS TO THE TRACKAGE RIGHTS FEES.

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