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ILL. CENT. GULF R. CO. v. GOLDEN TRIANGLE ETC.

No. 77-1613.

586 F.2d 588 (1978)

ILLINOIS CENTRAL GULF RAILROAD COMPANY, Plaintiff-Appellee, v. GOLDEN TRIANGLE WHOLESALE GAS COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 21, 1978.

Attorney(s) appearing for the Case

Gary L. Geeslin, Columbus, Miss., for defendant-appellant.

Joseph P. Wise, Jackson, Miss., for plaintiff-appellee.

Before COLEMAN, CLARK and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Golden Triangle, a shipper on Illinois Central's railroad lines, made a lease with the Railroad under which it had non-exclusive use of trackage within one of the Railroad's yards to store railroad cars containing a hazardous material for a nominal rental. The purpose of this agreement was to avoid the payment of the charges required by a tariff that would otherwise be applicable. The district...

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