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MARQUETTE CEMENT MANUFACTURING CO. v. LOUISVILLE AND NASHVILLE RAILROAD CO.

Civ. A. No. 4565.

281 F.Supp. 944 (1967)

MARQUETTE CEMENT MANUFACTURING COMPANY and Chattanooga Rock Products Division of Vulcan Materials Company v. The LOUISVILLE AND NASHVILLE RAILROAD COMPANY.

United States District Court E. D. Tennessee, S. D.

September 5, 1967.

Attorney(s) appearing for the Case

Witt, Gaither, Abernathy & Wilson, Chattanooga, Tenn., for plaintiffs.

Spears, Moore, Rebman & Williams, Chattanooga, Tenn., for defendant.

OPINION

FRANK W. WILSON, District Judge.

This is an action for damage brought against a common carrier under the provisions of 49 U.S.C. § 20(11), which provision is sometimes referred to as the Carmack Amendment. The case is before the Court for decision upon a stipulation of facts. Marquette Cement Manufacturing Company is engaged in the business of manufacturing cement and has a plant at Cowan, Tennessee...

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