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NORFOLK SOUTHERN RY. CO. v. GROVES

No. 08-15418.

586 F.3d 1273 (2009)

NORFOLK SOUTHERN RAILWAY COMPANY, Plaintiff-Appellant, v. Billy GROVES, individually, d.b.a. Savannah Re-Load, Savannah Re-Load, et al., Defendants, Brampton Enterprises, LLC, d.b.a. Savannah Re-Load, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 2, 2009.

Attorney(s) appearing for the Case

Paul D. Keenan, Keenan, Cohen & Howard, PC, Jenkintown, PA, for Plaintiff-Appellant.

Jason Carl Pedigo, Ellis, Painter, Ratterree & Adams, LLP, Savannah, GA, for Defendants.

Before CARNES, FAY and ALARCÓN, Circuit Judges.

FAY, Circuit Judge:

This appeal arises from a dispute between a rail carrier and a warehouseman regarding liability for demurrage, i.e., penalties assessed for the undue detention of rail cars. Norfolk Southern Railway Company sued Brampton Enterprises, LLC d/b/a Savannah Re-Load for demurrage accrued over the six month period from March to August 2007. Savannah Re-Load denied liability for the demurrage charges and...

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