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SOUTHERN PAC. TRANSP. CO. v. CONTINENTAL SHIPPERS

No. 74 CV 517-W-1.

485 F.Supp. 1313 (1980)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Plaintiff, v. CONTINENTAL SHIPPERS ASSOCIATION, INC. et al., Defendant.

United States District Court, W. D. Missouri, W. D.

March 6, 1980.

Attorney(s) appearing for the Case

Charles E. Patterson, Watson, Ess, Marshall & Enggas, Kansas City, Mo., for plaintiff.

Daniel S. Linhardt, Interstate Commerce Comm., Washington, D.C., Ronald N. Cobert, American Institute for Shippers Associations, Inc., Washington, D.C., for amicus curiae.

James E. Kelley, Smith, Gill, Fisher & Butts, Kansas City, Mo., William P. Whitaker, Veselich, Schulz & Whitaker, Kansas City, Mo., R. Frederick Walters, Linde, Thomson, Fairchild, Langworthy & Korn, Kansas City, Mo., for defendant.

MEMORANDUM OPINION AND ORDER

JOHN W. OLIVER, Chief Judge.

In this case the plaintiff carrier, Southern Pacific, asserts claims for unpaid freight charges against certain shipper members of a defunct incorporated shipper's association (Continental Shippers Association) which declared bankruptcy in 1973 and now has no assets to satisfy the carrier's claims. In January, 1976 this Court entered a judgment for defendants based on the parties' contract for payment...

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