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CSX TRANSP. CO. v. NOVOLOG BUCKS COUNTY

No. 06-3431.

502 F.3d 247 (2007)

CSX TRANSPORTATION COMPANY, Appellant v. NOVOLOG BUCKS COUNTY.

United States Court of Appeals, Third Circuit.

Filed: September 5, 2007.

As Amended September 14, 2007.

Attorney(s) appearing for the Case

Paul D. Keenan, Esquire (Argued), Charles L. Howard, Esquire, Keenan, Cohen & Howard, P.C., Philadelphia, PA, for Appellant, CSX Transportation, Inc.

Frederick A. Tecce, Esquire (Argued), McShea Tecce, P.C., Philadelphia, PA, for Appellee, Novolog Bucks County.

John K. Fiorilla, Esquire (Argued), Capehart Scatchard, P.A., Mount Laurel, NJ, for Amici Curiae, Norfolk Southern Railway Company and BNSF Railway Company.

Before: SLOVITER, ALDISERT and ROTH, Circuit Judges.

OPINION

ROTH, Circuit Judge:

This appeal concerns the liability of entities such as warehousemen, pier operators, transloaders, and connecting carriers for demurrage charges, i.e., penalties assessed by railroads when shippers or recipients of freight do not timely return railcars to service after loading or unloading. The railroad in this case sought to assess demurrage charges against a transloader for delays in returning both inbound and outbound...

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