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KALO BRICK v. CHICAGO & NORTHWESTERN TRANSP.

No. 2-60942.

295 N.W.2d 467 (1979)

KALO BRICK & TILE COMPANY, Plaintiff-Appellant, v. CHICAGO & NORTHWESTERN TRANSPORTATION COMPANY and Jack Chmeler, Defendants-Appellees.

Court of Appeals of Iowa.

October 18, 1979.

Attorney(s) appearing for the Case

M. Gene Blackburn & John H. Mitchell of Murray & Blackburn, P.C., of Fort Dodge, for plaintiff-appellant.

Bruce E. Johnson of Gamble, Riepe, Burt, Webster & Davis, of Des Moines, for defendants-appellees.

Heard by OXBERGER, C. J., DONIELSON, SNELL and JOHNSON, JJ.

DONIELSON, Judge.

Plaintiff, Kalo Brick and Tile Company, appeals judgment for defendant, Chicago and Northwestern Transportation Company, in a tort action based on alleged failure to provide adequate rail service. For reversal, plaintiff asserts the action was not within the exclusive or primary jurisdiction of the Interstate Commerce Commission (ICC), ICC orders in the abandonment proceeding are not preclusive of issues presented in the trial court, and a remand...

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