ILLINOIS CENT. R. CO. v. TEXAS EASTERN TRANS. CORP.

No. 74-3061.

551 F.2d 943 (1977)

ILLINOIS CENTRAL RAILROAD COMPANY, Plaintiff-Appellee Cross-Appellant, v. TEXAS EASTERN TRANSMISSION CORPORATION, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

May 4, 1977.


Attorney(s) appearing for the Case

Hume Cofer, Shirley Meissner, Austin, Tex., William A. Brown, Houston, Tex., for defendant-appellant-cross-appellee.

John A. MacDonald, Jr., Houston, Tex., for plaintiff-appellee-cross-appellant.

Before WISDOM, CLARK and RONEY, Circuit Judges.


ON PETITION FOR REHEARING

RONEY, Circuit Judge:

The Illinois Central Railroad, a plaintiff below and cross-appellant in this Court, has petitioned for a rehearing on that portion of our judgment affirming the denial of prejudgment interest. We held that the demurrage recovered was "fairly a penalty" so that denial of prejudgment interest was not error. Illinois Central R.R. Co. v. Texas Eastern Transmission Corp., 533 F.2d 272

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