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CHICAGO, B. & Q. R. CO. v. READY MIXED CONCRETE CO.

No. 73-1228.

487 F.2d 1263 (1973)

CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a corporation, Appellee, v. READY MIXED CONCRETE CO., a wholly owned subsidiary of Lyman-Richey Sand & Gravel Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 3, 1973.

Attorney(s) appearing for the Case

William T. Oakes, Omaha, Neb., for appellant.

Harry B. Otis, Omaha, Neb., for appellee.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.

ROSS, Circuit Judge.

Chicago, Burlington and Quincy Railroad Company (hereinafter CBQ) brought this action against Ready Mixed Concrete Co. (hereinafter Concrete Co.) for unpaid switching charges pursuant to a tariff which had been approved by the Interstate Commerce Commission (hereinafter ICC). The switching charges in question were for the period of April, 1965, to November, 1966. The total switching charges pursuant to the tariff amounted to $21,467.91. The sum...

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