SOUTHERN PAC. TRANSP. v. CONTINENTAL SHIPPERS ASSOCIATION

No. 80-1264.

642 F.2d 236 (1981)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Appellee, v. CONTINENTAL SHIPPERS ASSOCIATION, INC., Breddo Food Products Corporation, Stuart Hall Company, Inc., Hanlon Chemical Company, Inc., Cramer Industries, Inc., Neevel Luggage Manufacturing Company, National Folding Carton and Tube Company, Conroy, Inc., d/b/a O'Sullivan Industries, Inc., Alton Box Board Company, Pioneer Cap Company, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 27, 1981.


Attorney(s) appearing for the Case

R. Frederick Walters and Arthur B. Federman, Linde, Thomson, Fairchild, Langworthy & Kohn, Kansas City, Mo., for defendants-appellants Breddo Food Products Co. and Stuart Hall Co., Inc.

William P. Whitaker, Veselich, Schulz, Whitaker & Bender, Kansas City, Mo., for defendants-appellants Hanlon Chemical Co., Inc., Cramer Industries, Inc., Neevel Luggage Mfg. Co., National Folding Carton and Tube Co., Conroy, Inc., d/b/a O'Sullivan Industries, Inc., and Alton Box Board Co.

Ronald N. Cobert, argued, Robert L. Cope, Grove, Jaskiewicz, Gilliam & Cobert, Washington, D. C., for amicus curiae, American Institute for Shippers' Ass'ns, Inc.

Michael L. Martin, Stanley M. Braverman, Daniel S. Linhardt, argued, ICC, Washington, D. C., for amicus curiae Interstate Commerce Commission.

Charles E. Patterson, Roy Bash, argued, Dwight D. Sutherland, Jr., Phillip E. De La Torre, Watson, Ess, Marshall & Enggas, Kansas City, Mo., for appellee Southern Pac. Transp. Co.

Before HEANEY, ROSS and McMILLIAN, Circuit Judges.


HEANEY, Circuit Judge.

This appeal presents the issue of whether the shipper-members of a shippers association which is exempt from Interstate Commerce Commission (ICC) regulation1 are individually liable to a common carrier for freight charges when the shippers association fails to pay those charges. In this case, Continental Shippers Association, Inc. (Continental) went bankrupt and plaintiff-appellee Southern Pacific Transportation...

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