NORFOLK & W. RY. CO. v. B. I. HOLSER AND CO.

Nos. S 77-7, S 77-8, S 77-23 to S 77-25, S 77-32 and S 77-110 to S 77-114.

466 F.Supp. 885 (1979)

NORFOLK & WESTERN RAILWAY COMPANY v. B. I. HOLSER AND COMPANY and Cargill, Inc. NORFOLK & WESTERN RAILWAY COMPANY v. ARGOS ELEVATOR, INC. and Cargill, Inc. NORFOLK & WESTERN RAILWAY COMPANY v. ARGOS ELEVATOR, INC. and Central Soya Company, Inc. v. CENTRAL STATES GRAIN CO., INC. NORFOLK & WESTERN RAILWAY COMPANY v. B. I. HOLSER AND COMPANY and Continental Grain Company (two cases). NORFOLK & WESTERN RAILWAY COMPANY v. WYATT GRAIN CO., INC. and Central Soya-Canton Elevator. NORFOLK & WESTERN RAILWAY COMPANY v. ARGOS ELEVATOR, INC. and Indiana Grain Division, Indiana Farm Bureau Cooperative Association. NORFOLK & WESTERN RAILWAY COMPANY v. ARGOS ELEVATOR, INC. and Central States Grain Company, Inc. and Continental Grain Company. NORFOLK & WESTERN RAILWAY COMPANY v. WYATT GRAIN COMPANY and Indiana Grain Division, Indiana Farm Bureau Cooperative Association. NORFOLK & WESTERN RAILWAY COMPANY v. B. I. HOLSER AND COMPANY and Continental Grain Company. NORFOLK & WESTERN RAILWAY COMPANY v. ARGOS ELEVATOR, INC. and Continental Grain Company.

United States District Court, N. D. Indiana, South Bend Division.

March 7, 1979.


Attorney(s) appearing for the Case

Crumpacker, May, Searer, Oberfell & Helling, South Bend, Ind., for plaintiffs in all cases.

Linley E. Pearson, Frankfort, Ind., for plaintiffs in Nos. S 77-7, S 77-8, and S 77-110 to S 77-114.

Roland Obenchain, South Bend, Ind., for plaintiffs in Nos. S 77-7 and S 77-8.

James E. Easterday, Plymouth, Ind., for defendants in Nos. S 77-7 and S 77-8.

Lawrence C. DiNardo, South Bend, Ind., for defendants in Nos. S 77-7, S 77-8, S 77-23, S 77-32 and S 77-113.

Campbell, Hardesty, Pearson & Douglas, Frankfort, Ind., for plaintiffs in Nos. S 77-23 to S 77-25.

David H. Feagler, Plymouth, Ind., for defendants in Nos. S 77-23 to S 77-25, S 77-113 and S 77-114.

John E. Doran, South Bend, Ind., for defendants in Nos. S 77-23, S 77-111 and S 77-114.

Karl Richard Hawley, Mount Vernon, Ind., Richard D. Bonewitz, South Bend, Ind., for defendants in Nos. S 77-24, S 77-25, S 77-111, S 77-113 and S 77-114.

Larry R. Fisher, Lafayette, Ind., for plaintiffs in Nos. S 77-32 and S 77-112.

Joseph A. Roper, DeVere D. Goheen, South Bend, Ind., for defendants in Nos. S 77-32 and S 77-112.

John D. Bodine, Mishawaka, Ind., for defendants in Nos. S 77-110 and S 77-112.


MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

This will state the legal basis for separately entered findings of fact and conclusions of law.

These cases were consolidated for trial by agreement of the parties. Trial was had only on the issues raised by plaintiff's complaints. The issues raised by defendants' affirmative defenses, and cross-claim were postponed. The cases involve shipments of grain from three elevators adjacent to plaintiff's...

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