ATCHISON, TOPEKA & SANTA FE RY. CO. v. C-G-F GRAIN

Civ. A. Nos. 76-204-C5, 77-4212.

550 F.Supp. 1021 (1982)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Plaintiff, v. C-G-F GRAIN COMPANY, a corporation, Defendant. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Plaintiff, v. AGREX, INC., a corporation, (formerly Koppel, Inc.), Defendant.

United States District Court, D. Kansas.

October 15, 1982.


Attorney(s) appearing for the Case

Roth A. Gatewood, Topeka, Kan., for plaintiff.

John Jordan, of the firm of Learned, Foley & Jordan, P.A., Wichita, Kan., for defendant C-G-F Grain Co.

George Yarnevich, Salina, Kan., Lloyd John Osborn, Fritz R. Kahn, Washington, D.C., for defendant Agrex, Inc.


MEMORANDUM AND ORDER

O'CONNOR, Chief Judge.

These cases are before the court on the parties' stipulations of facts. Because the two cases involve nearly identical facts and present the court with the same issue of law, we will consider the cases together. The stipulated issue to be decided is: to what extent, if any, may a consignor who has prepaid freight charges and has executed the non-recourse clause (Section...

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