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IOWA BEEF PROCESSORS v. ILL. CENTRAL GULF R. CO.

Nos. 81-1640, 81-2357.

685 F.2d 255 (1982)

IOWA BEEF PROCESSORS, INC., a Delaware corporation, Appellee, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, a Delaware corporation, Appellant. IOWA BEEF PROCESSORS, INC., a Delaware corporation, Appellee, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, a Delaware corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 23, 1982.

Rehearing and Rehearing Denied October 22, 1982.

Attorney(s) appearing for the Case

Frank W. Davis, Jr., Marc P. Franson, Gamble, Riepe, Burt, Webster & Davis, Des Moines, Iowa, for appellant Illinois Central Gulf R. Co.

D. Douglas Titus, Bikakis, Titus, Vohs & Storm, Sioux City, Iowa, and Eugene D. Anderson, Washington, D. C., for appellee Iowa Beef Processors, Inc.

Before BRIGHT and McMILLIAN, Circuit Judges, and HARRIS, Senior District Judge.

Rehearing and Rehearing En Banc Denied October 22, 1982.

BRIGHT, Circuit Judge.

Illinois Central Gulf Railroad Co. (ICG) appeals from two orders of the district court, awarding Iowa Beef Processors, Inc. (IBP), $67,300.54 in damages for lost meathooks, plus prejudgment interest, and $15,594.57 in attorneys' fees. Because we agree with ICG's contention that this action falls within the primary jurisdiction of the Interstate Commerce Commission (ICC), we vacate...

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