SEMO Services, Inc. v. BNSF Railway Company (2022)

Citation: SEMO Services, Inc. v. BNSF Railway Company (2022)
Parent Document: SEMO Services, Inc. v. BNSF Railway Company (2022)
Jurisdiction: Missouri (state)
Effective Date: 2022-12-13
Original Source: https://www.courtlistener.com/opinion/10630559/semo-services-inc-v-bnsf-railw... ↗

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SEMO claims that BNSF’s allegation about SEMO’s fraudulent billing was a pretext to
interfere with the subcontractor’s business relationship with RJC. In fact, SEMO contends BNSF
lacked any evidence of fraudulent invoices when it chose to publish the August 17 letter because
the railroad did not request SEMO’s supporting documents until later on August 25. According
to SEMO, our inquiry is limited to only what BNSF knew at the time of the August 17 letter and
not what, if anything, was revealed later in the investigation. We agree what BNSF knew
regarding concerns of fraudulent activity at the time of the August 17 letter is most relevant to
our analysis here. McDowell v. Credit Bureaus, 747 8.W.2d 630, 632 (Mo. banc 1988) (if the

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