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KAISER ALUMINUM v. ILL. CENT. GULF R. CO.

No. 77-976C(B).

468 F.Supp. 615 (1979)

KAISER ALUMINUM & CHEMICAL CORPORATION, Plaintiff, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, Defendant.

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

March 22, 1979.

Attorney(s) appearing for the Case

Edwards, Seigfreid, Runge & Leonatti, Jerome W. Seigfreid, Lewis J. Leonatti, Mexico, Mo., W. Munro Roberts, Jr., Roberts, Heneghan & Coffelt, Inc., St. Louis, Mo., for plaintiff.

Greenfield, Davidson, Mandelstamm & Voorhees, Alphonso H. Voorhees, Lawrence N. Doreson, St. Louis, Mo., Daniel M. Dibble, Kansas City, Mo., for defendant.

MEMORANDUM OPINION

REGAN, District Judge.

In this action brought under the Carmack Amendment (49 U.S.C. Section 20(11), the issue is whether, and if so to what extent, a shipment of calcined refractory bauxite became contaminated and worthless to plaintiff while in the custody and control of defendant, a common carrier by rail. It is plaintiff's contention that the railroad cars furnished by defendant to transport the bauxite had not been adequately cleaned...

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