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KOPPERS CO. v. MISSOURI PACIFIC R. CO.

No. CA 90-373.

809 S.W.2d 830 (1991)

34 Ark.App. 273

KOPPERS COMPANY, Appellant, v. MISSOURI PACIFIC RAILROAD CO., INC., Appellee.

Court of Appeals of Arkansas, Division II.

May 29, 1991.

Attorney(s) appearing for the Case

Janet Pulliam, William Mann, III, Little Rock, for appellant.

Frederick S. Ursery, James C. Baker, Jr., Little Rock, for appellee.

MAYFIELD, Judge.

In 1962, appellee, Missouri Pacific Railroad Company, Inc. (MoPac), and appellant, Koppers Company (Koppers), entered into an agreement whereby Koppers contracted to treat crossties, switch ties, bridge lumber, timbers, and other lumber materials used by MoPac in its railway system. Mo-Pac contracted to deliver the materials to Koppers by open-top railroad car, and Koppers agreed to unload and treat the lumber and reload the materials onto a railroad...

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