LOUISVILLE & N. R. CO. v. KENTUCKY UTIL.

Civ. A. No. C81-0092 L(s).

535 F.Supp. 244 (1982)

LOUISVILLE & NASHVILLE RAILROAD CO., Plaintiff, v. KENTUCKY UTILITIES CO., Defendant.

United States District Court, W. D. Kentucky, Louisville Division.

March 29, 1982.


Attorney(s) appearing for the Case

William D. Grubbs and John P. Sandidge, Woodward, Hobson & Fulton, Louisville, Ky., for plaintiff.

Malcolm Y. Marshall and Stephen E. Embry, Ogden, Robertson & Marshall, Louisville, Ky., and C. Michael Loftus, Slover & Loftus, Washington, D. C., for defendant.


MEMORANDUM

SILER, District Judge.

This matter is before the Court on cross motions for summary judgment. The plaintiff, Louisville and Nashville Railroad Co. (L&N), instituted this action to collect from the defendant, Kentucky Utilities Co. (KU), amounts due L&N pursuant to newly enacted tariffs on file with the Interstate Commerce Commission (ICC). KU has refused to pay the rates set out in the tariffs on file with the ICC, insisting that it only...

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