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PILLSBURY CO. v. ILLINOIS CENT. GULF R. R.

No. 81-2285.

687 F.2d 241 (1982)

The PILLSBURY COMPANY, Appellee, v. ILLINOIS CENTRAL GULF RAILROAD, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1982.

Attorney(s) appearing for the Case

Lawrence C. Brown, Brian B. O'Neill, David F. Fisher, Minneapolis, Minn., for appellee.

Daniel M. Dibble, Karen M. Iverson, Lathrop, Koontz, Righter, Clagett & Norquist, Kansas City, Mo., A. James Dickinson, Stringer, Courtney & Rohelder, Ltd., St. Paul, Minn., for appellant.

Before HEANEY and HENLEY, Circuit Judges, and BECKER, Senior District Judge.

HENLEY, Senior Circuit Judge.

This appeal involves a judgment and award of damages in behalf of The Pillsbury Company ("Pillsbury") for losses resulting from the contamination of its flour products with bugs during shipment on the Illinois Central Gulf Railroad ("ICG"). The case was tried on Count I, which alleged a violation of the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 20(11), reenacted without substantive change as 49 U.S.C. § 11707...

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