BNSF, Union Pacific To Show Docs In Freight Fuel MDL

Law360, New York (June 9, 2010, 4:18 PM EDT) -- BNSF Railway Co. and Union Pacific Railroad Co., two of four major rail defendants in antitrust multidistrict litigation over rail freight fuel surcharges, will have to present certain communications with the Association of American Railroads for in-camera review so a federal judge can determine if they should be privileged.

Magistrate Judge John Facciola of the U.S. District Court for the District of Columbia decided Monday that he did not want to categorically allow the railroads to protect communications among the various companies of AAR simply because...
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