A federal judge’s ruling has revived an antitrust lawsuit filed four years ago by a company owned by one of the Koch brothers and accusing Union Pacific and BNSF Railway of fixing prices and other antitrust violations in the shipment of coal and other freight.
A U.S. District Court judge in Washington denied a bid last month to dismiss the amended suit brought by William Koch’s Oxbow Carbon & Minerals LLC against the two railroads.
In January, Union Pacific and BNSF asked the judge to dismiss the suit again.
Friedman refused on Feb. 24, ruling that Oxbow sufficiently established standing on all counts except for two plaintiffs’ breach of contract claims. The judge said Oxbow’s claims make a plausible suggestion of conspiracy at this stage of the case.
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