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KAISER ALUMINUM & CHEMICAL v. ILL. CENT. GULF R. CO.

No. 79-1311.

615 F.2d 470 (1980)

KAISER ALUMINUM & CHEMICAL CORPORATION, Appellant, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 5, 1980.

Rehearing Denied March 5, 1980.

Attorney(s) appearing for the Case

Jerome W. Seigfreid, Edwards, Seigfreid, Runge & Leonatti, Mexico, Mo., for appellant; Louis J. Leonatti, Mexico, Mo., on brief.

Daniel M. Dibble, Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, Mo., for appellee; Karen M. Iverson, Alphonso H. Voorhees, Greenfield, Davidson, Mandelstamm & Voorhees, St. Louis, Mo., on brief.

Before ROSS and STEPHENSON, Circuit Judges, and McMANUS, District Judge.

ROSS, Circuit Judge.

Appellant, Kaiser Aluminum & Chemical Corporation (Kaiser), instituted this action under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 20(11), to recover the value of 12 carloads of bauxite allegedly contaminated while in the custody of Illinois Central Gulf Railroad Company (ICG). Originally filed in the Circuit Court of Audrain County, Missouri, the cause was removed to the United States District Court for the Eastern...

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