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C., M., S. P. & P. R. CO. v. PITTSBURGH-DES MOINES S. CO.

Civ. Nos. 72-210-1, 73-104-1 and 74-208-1.

411 F.Supp. 518 (1976)

CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Plaintiff, v. PITTSBURGH-DES MOINES STEEL CO., Defendant. NORFOLK AND WESTERN RAILWAY CO., Plaintiff, v. PITTSBURGH-DES MOINES STEEL CO., Defendant. BURLINGTON NORTHERN, INC., Plaintiff, v. PITTSBURGH-DES MOINES STEEL CO., Defendant.

United States District Court, S. D. Iowa, C. D.

April 8, 1976.

Attorney(s) appearing for the Case

Jerry P. Alt, Duncan, Jones, Riley & Finley, Des Moines, Iowa, for plaintiffs in Nos. 72-210-1 and 73-104-1.

Jerry E. Williams, Nyemaster, Goode, McLaughlin, Emery & O'Brien, Des Moines, Iowa, for plaintiff in No. 74-208-1.

James E. Cooney, Ahlers, Cooney, Dorweiler, Haynie & Smith, Des Moines, Iowa, for defendant.

ORDER

STUART, District Judge.

These cases came on for hearing in chambers February 26, 1976 on cross motions for summary judgment. The plaintiff railroads were represented by Jerry P. Alt and Jerry E. Williams. James E. Cooney represented the defendant shipper. The Court has examined the motion papers and the files and holds that the defendant's motion for summary judgment must be granted. It is not clear whether the tariff should be applied under the facts...

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