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KANSAS CITY SOUTHERN RY. CO. v. GREAT LAKES CARBON

No. 75-808C(2).

462 F.Supp. 21 (1978)

The KANSAS CITY SOUTHERN RAILWAY COMPANY v. GREAT LAKES CARBON CORPORATION.

United States District Court, E. D. Missouri, E. D.

April 25, 1978.

Attorney(s) appearing for the Case

John P. Emde, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., Robert E. Zimmerman, Robert K. Dreiling, Kansas City, Mo., for plaintiff.

G. Carroll Stribling, Sr., W. W. Dalton, Fordyce & Mayne, St. Louis, Mo., Dickson R. Loos, Pope, Ballard & Loss, Washington, D. C., for defendant.

MEMORANDUM

WANGELIN, District Judge.

This matter is before the Court upon defendant's motion for summary judgment on a counterclaim. The plaintiff, The Kansas City Southern Railway Company (KCS), filed a claim for undercharges against the defendant Great Lakes Carbon Corporation (Great Lakes). Great Lakes filed a counterclaim for overcharges against KCS.

At the request of both parties, the district court referred the matter to the Interstate Commerce...

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