Union Pacific 2002 Annual Report Download - page 37

Download and view the complete annual report

Please find page 37 of the 2002 Union Pacific annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 104

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104

11
materially breached their service obligations under the transportation contract to deliver coal in a timely manner to
Western’s Jeffrey Energy Center. The original complaint sought recovery of consequential damages and termination of the
contract, excusing Western from further performance. In an amended complaint filed September 1, 2000, Western claimed
the right to retroactive termination and added a claim for restitution. The matter went to trial before a jury on August 20,
2002. On September 12, 2002, the jury returned a verdict finding that the contract had not been breached by the railroads,
and the judgment dismissing the case was entered by the court on September 16, 2002. Western filed a motion for new trial
on September 30, 2002, which the railroads believe will be unsuccessful. UPRR and BNSF filed a response opposing the
motion for a new trial on October 15, 2002, and Western filed its reply on October 28, 2002. UPRR and BNSF will vigorously
defend this and all other post-trial efforts by Western to overturn the jury verdict.