MISSOURI PAC. R. CO. v. INDEPENDENT MILLS, INC.

No. 81-1508.

706 F.2d 1080 (1983)

MISSOURI PACIFIC RAILROAD COMPANY, Plaintiff-Appellant, v. INDEPENDENT MILLS, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 17, 1983.


Attorney(s) appearing for the Case

Phillip R. Fields, Gott, Young & Bogle, Wichita, Kan., for plaintiff-appellant.

Michael W. Lerner, Stinson, Mag & Fizzell, Kansas City, Mo. (Greer Gsell, Hershberger, Paterson, Jones & Roth, Wichita, Kan., with him on the brief), for defendant-appellee.

Before McWILLIAMS, DOYLE and BREITENSTEIN, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

Missouri Pacific, the appellant herein, seeks reversal of a judgment of the Kansas district court which interpreted a freight tariff to its detriment. In a summary judgment the court ruled that the tariff did not justify the imposition of additional freight charges on defendant Independent Mills.

The findings of the district court accurately set forth the facts and are not disputed. They are as follows:

The plaintiff...

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