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

No. 79-1418.

629 F.2d 486 (1980)

NORFOLK AND WESTERN RAILWAY COMPANY, Plaintiff-Appellant, v. B. I. HOLSER AND COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 1980.


Attorney(s) appearing for the Case

Larry R. Fisher, Lafayette, Ind., for plaintiff-appellant.

Lawrence C. DiNardo, South Bend, Ind., for defendants-appellees.

Before FAIRCHILD, Chief Judge, VAN DUSEN, Senior Circuit Judge, and BAUER, Circuit Judge.


FAIRCHILD, Chief Judge.

Plaintiff-appellant Norfolk and Western Railway Company (hereinafter "N&WR" or "the railroad") sought to recover claimed undercharges on shipments of grain in interstate commerce. Defendants in the action are three shippers, B. I. Holser & Company of Walkerton, Indiana (hereinafter "Holser"), Argos Elevator, Inc. of Argos, Indiana (hereinafter "Argos"), and Wyatt Grain Company, Inc. of Wyatt, Indiana (hereinafter "Wyatt"). Also named...

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