Decision 32916
Served (printed as 5/13/2003) · Decision · Entire Board
(1) GRANTED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (BNSF) REQUEST FOR ISSUANCE OF A CERTIFICATE PURSUANT TO 49 U.S.C. 10901; (2) ORDERED THAT, PURSUANT TO SECTION 10901(D), KEOKUK JUNCTION RAILWAY COMPANY (KJRY) MUST ALLOW BNSF TO CROSS KJRY'S LINE TO REACH THE MOOAR LINE; (3) DIRECTED THE PARTIES TO IMMEDIATELY BEGIN NEGOTIATIONS ON A NEW CROSSING AGREEMENT; AND (4) CONCLUDED THAT, IF THE PARTIES ARE UNABLE TO AGREE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS DECISION ON COMPENSATION OR OTHER CROSSING TERMS, EITHER OR BOTH PARTIES SHALL SUBMIT THE MATTERS IN DISPUTE TO THE BOARD, WHICH WILL MAKE A DETERMINATION WITHIN 120 DAYS THEREAFTER.
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