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ATCHISON, T. & S. F. RY. CO. v. UNION TANK CAR CO.

No. 79-1182.

611 F.2d 1184 (1979)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Plaintiff-Appellee, v. UNION TANK CAR COMPANY, a corporation, Defendant-Appellant. UNION TANK CAR COMPANY, Petitioner-Appellant, v. UNITED STATES of America and Interstate Commerce Commission, Respondents-Appellees, and The Atchison, Topeka and Santa Fe Railway Company, a corporation, Intervening Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 12, 1979.

Attorney(s) appearing for the Case

Thomas F. McFarland, Jr., Chicago, Ill., for defendant-appellant.

Gerald B. Fleming, ICC, Washington, D.C., Richard E. Weicher, Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, TONE and BAUER, Circuit Judges.

TONE, Circuit Judge.

Union Tank Car Company leased 148 of its tank cars for use in Mexico. On termination of the leases the cars were transported, pursuant to Union Tank's directions, from points in Mexico to repair and maintenance facilities in the United States. The issue in this case is whether Union Tank must pay freight charges for the movement of the cars from the Mexican border to the repair and maintenance facilities...

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