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KANSAS CITY SOUTHERN RY. CO. v. KANSAS CITY P & L

No. 76-1833.

551 F.2d 1134 (1977)

The KANSAS CITY SOUTHERN RAILWAY COMPANY, a corporation, Appellant, v. KANSAS CITY POWER & LIGHT COMPANY, a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Robert K. Dreiling, Kansas City, Mo., for appellant.

A. Drue Jennings, Kansas City, Mo., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and ROSS and BRIGHT, Circuit Judges.

PER CURIAM.

This action was brought by the Kansas City Southern Railway Company (KCSR) against Kansas City Power & Light Company (KCPL), for demurrage on trainloads of freight cars which KCSR accepted from St. Louis-San Francisco Railway Company (Frisco) as a switching carrier, and delivered to KCPL for unloading.

The specific question to be determined is whether under the applicable tariff, demurrage was payable on the basis of the time each car

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