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THOMAS SCRAP MATERIALS, INC. v. ILL. GULF CENT. R.R. CO.

No. CA 87 1131.

540 So.2d 1062 (1989)

THOMAS SCRAP MATERIALS, INC. v. ILLINOIS GULF CENTRAL RAILROAD COMPANY.

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 28, 1989.

Attorney(s) appearing for the Case

Scott Gegenheimer, Derren S. Johnson, Baton Rouge, for plaintiff-appellant Thomas Scrap Materials, Inc.

Dennis J. Hauge, James E. Toups, Jr., Baton Rouge, for defendant-appellee Illinois Cent. Gulf R. Co.

Before CARTER, LANIER and LEBLANC, JJ.

LANIER, Judge.

ON REHEARING

This is a suit in contract by a shipper of goods against a common carrier seeking a refund for $9,597 in "switching" costs. This issue went to trial on cross motions for summary judgment. The trial court rendered judgment in favor of the common carrier and dismissed the shipper's petition. This devolutive appeal followed. On original hearing, this court affirmed1, 536 So.2d 842. The trial court ordered...

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