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AIR PRODUCTS & CHEMICALS v. ILL. CENT. GULF R.R.

No. 82-3356.

721 F.2d 483 (1983)

AIR PRODUCTS AND CHEMICALS, INC., Plaintiff-Appellee, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 16, 1983.

Attorney(s) appearing for the Case

Breazeale, Sachse & Wilson, Murphy J. Foster, III, Baton Rouge, La., for defendant-appellant.

Durrett, Hardin, Hunter, Dameron & Fritchie, Wallace A. Hunter, Baton Rouge, La., for plaintiff-appellee.

Before TATE, Circuit Judge, and DAVIS, District Judge.

TATE, Circuit Judge:

The defendant carrier ("Illinois Central") appeals. The district court judgment awarded the plaintiff consignee ("Air Products") damages caused by a misdelivery to its premises of contaminating cargo intended for another consignee. Air Products' complaint is based upon the Carmack Amendment. 49 U.S.C. § 20(11) (1906). The district court awarded Air Products the damages resulting from the breach through such misdelivery of Illinois Central...

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