Legal Opinion
Kansas City Southern Railway Company v. Great Lakes Carbon Corporation
Court of Appeals for the Eighth Circuit
Decided June 16, 1980No. 79-1075PublishedCited by 82 opinions
1Opinion of the Court
LAY, Chief Judge.
In an earlier decision this court overturned the district court’s denial of Kansas City Southern Railway Company’s (Railway Co.), motion to set aside a judgment under Rule 60(b)(4) of the Federal Rules of Civil Procedure. Kansas City Southern Railway v. Great Lakes Carbon Corp., September 24, 1979. A motion for rehearing was granted, and this decision follows argument to the court en banc.
The Railway Co. originally sued Great Lakes Carbon Corporation, (GLC), for additional freight charges, claiming it had undercharged GLC because a higher, specific commodity rate should apply…
2Cases cited27 opinions
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- Williams v. North CarolinaSupreme Court of the United States · 1945
- Stoll v. GottliebSupreme Court of the United States · 1938
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
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3Cited by82 opinions
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- Jennifer N. Kocher Darlene Kocher Carl Kocher v. Dow Chemical Company E.I. Du Pont De Nemours & CompanyCourt of Appeals for the Eighth Circuit · 1997
- Fafel v. DiPaolaCourt of Appeals for the First Circuit · 2005
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