CSX TRANSP., INC. v. CITY OF PENSACOLA, FLA.

No. 94-30236-RV.

936 F.Supp. 885 (1995)

CSX TRANSPORTATION, INC., Plaintiff, v. The CITY OF PENSACOLA, FLORIDA d/b/a The Port of Pensacola, Defendant.

United States District Court, N.D. Florida, Pensacola Division.

October 17, 1995.


Attorney(s) appearing for the Case

Larry Hill, Moore, Hill & Westmoreland, Pensacola, FL, for CSX Transportation Corp.

Don J. Caton, City of Pensacola, Office of the City Attorney, Pensacola, FL, Stephen C. Herman, Pro Hac Vice, Belnap, Spencer, McFarland & Herman, Chicago, IL, for City of Pensacola.

Danny L. Kepner, Shell, Fleming, Davis & Menge, Pensacola, FL, for ADM Milling Co.

O'Gwen L. King, King & Dessommes, Pensacola, FL, for Lauhoff Grain Company.


ORDER

VINSON, District Judge.

Pending are the motions of plaintiff CSX Transportation, Inc. for leave to file an amended and supplemented complaint (doc. 40) and for reconsideration of this Court's orders of January 5, 1995, and June 30, 1995 (doc. 41).

CSX originally filed a three-count complaint in this case, seeking to recover demurrage for railcars either actually or constructively delivered to the Port. Count I sought demurrage under CSX's published...

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