Burlington Northern & Santa Fe Rwy. Co. v. Pub. Serv. Co. of Okla., No. 09-5133 - U.S. Tenth Circuit
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Burlington Northern & Santa Fe Rwy. Co. v. Pub. Serv. Co. of Okla., No. 09-5133

Railroad Arbitration Board Order Affirmed

In Burlington Northern & Santa Fe Rwy. Co. v. Pub. Serv. Co. of Okla., No. 09-5133, an appeal from the district court's order confirming an arbitration board's decision regarding a rail pricing dispute, the court affirmed where the district court did not err in confirming an arbitration board's decision despite appellant railroad's claims that the board misconstrued the parties' agreement and exceeded its authority by deciding a non-arbitrable issue.

 

As the court wrote:  "This appeal arises from an 18-year rail pricing dispute between the Burlington Northern and Santa Fe Railway Company (BNSF) and the Public Service Company of Oklahoma (PSO). The question we must consider is whether the district court erred in confirming an arbitration board's decision despite BNSF's claims that the board misconstrued the parties' agreement and exceeded its authority by deciding a non-arbitrable issue."

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