SOUTHERN PAC. TRANSP. CO. v. COMMERCIAL METALS CO.

No. 79-1843.

641 F.2d 235 (1981)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Plaintiff-Appellant, v. COMMERCIAL METALS COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 29, 1981.


Attorney(s) appearing for the Case

Michael R. Johnson, Dallas, Tex., for plaintiff-appellant.

David M. Sudbury, Dallas, Tex., for defendant-appellee.

Before TJOFLAT, POLITZ and HATCHETT, Circuit Judges.


Rehearing En Banc Denied June 29, 1981.

TJOFLAT, Circuit Judge:

The sole question presented by this appeal is whether the failure of a carrier to comply with credit regulations promulgated under the Interstate Commerce Act is a defense available to the consignor in an action by the carrier against a consignor who failed to execute a nonrecourse provision in the relevant bill of lading. The district court found the...

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