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PILLSBURY COMPANY v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY

No. 81-4087.

548 F.Supp. 28 (1982)

The PILLSBURY COMPANY, a Delaware Corporation, Plaintiff, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware Corporation, Defendant.

United States District Court, D. Kansas.

July 14, 1982.

Attorney(s) appearing for the Case

Gary D. McCallister, Davis, Unrein, Hummer & McCallister, Topeka, Kan., David F. Fisher, Minneapolis, Minn., for plaintiff.

J. B. Reeves, Roth A. Gatewood, T. R. Conklin, P. R. Hoferer, Topeka, Kan., for defendant.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This matter, requiring the interpretation and application of 28 U.S.C. § 1337(a), as amended, comes before this court on the motion of defendant Atchison, Topeka and Santa Fe Railway Company (Santa Fe) to dismiss. The plaintiff, Pillsbury, is seeking damages for delivery of consigned goods in contaminated condition under Section 20(11), Interstate Commerce Act, now codified as 49 U.S.C. § 11707. The...

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