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KONA TECHNOLOGY CORP. v. SOUTHERN PACIFIC TRANSP.

No. 99-20128.

225 F.3d 595 (2000)

KONA TECHNOLOGY CORP., Plaintiff-Counter Defendant, Appellant, Cross-Appellee, v. SOUTHERN PACIFIC TRANSPORTATION CO.; St. Louis Southwestern Railway Co., Defendants-Cross Defendants-Counter Claimants, Appellees-Cross Appellants, and Chevron Chemical Co., Defendants-Cross Claimant-Third Party Plaintiff-Counter Defendant, Appellee-Cross Appellant, v. SPCSL Corporation, Third Party Defendant-Defendant-Counter Claimant, Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 13, 2000.

Attorney(s) appearing for the Case

Norman J. Riedmueller (argued), Houston, TX, Kevin Joseph McEvily, McEvily & Flowers, Houston, TX, for Kona Technology Corp.

John Bryant Thomas (argued), Fred J. Knapp, Jr., Hicks, Thomas & Lilienstern, Houston, TX, for Southern Pacific Transp. Co., St. Louis Southwestern Ry. Co. and SPCSL Corp.

Claudia Wilson Frost (argued), Matthew Paul Eastus, Slusser & Frost, Houston, TX, for Chevron Chemical Co.

Before BARKSDALE, BENAVIDES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Factual and Procedural History

I. Factual Background

This case involves a complex dispute over rail, freight, and shipping charges. The parties to this action are: Chevron Chemical, Co. ("Chevron"); Kona Technological Corp. ("Kona"), Southern Pacific Transportation Co. ("SP"); St. Louis Southwestern Railway Co. ("St.Louis"); and SPCSL Corp. ("SPCSL") (St. Louis, SP, and SPCSL are collectively referred to as...

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