CITY OF NEW ORLEANS, ETC. v. H.E. SCHURIG & CO.

No. 8872.

357 So.2d 59 (1978)

CITY OF NEW ORLEANS By and Through the PUBLIC BELT RAILROAD COMMISSION OF the CITY OF NEW ORLEANS v. H. E. SCHURIG & CO. OF LOUISIANA.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 11, 1978.


Attorney(s) appearing for the Case

Raymond J. Salassi, Jr., and James P. Lambert of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for City of New Orleans By and Through the Public Belt R.R. Commission of the City of New Orleans, plaintiff-appellant.

Robert Scott McIntosh, II, New Orleans, for H. E. Schurig & Co. of Louisiana, defendant-appellee.

Before BOUTALL, SCHOTT and GARSAUD, JJ.


BOUTALL, Judge.

This is an appeal from the grant of defendant's motion for summary judgment dismissing plaintiff's suit.

The Public Belt Railroad Commission of the City of New Orleans brought suit against H. E. Schurig & Co. of Louisiana for demurrage and switching charges for certain railroad cars for which defendant was a named consignee. The defendant responded with a motion for summary judgment contending that it was an "independent ocean freight forwarder...

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