Legal Opinion
Consolidated Rail Corp. v. Standard Milling Co.
District Court, W.D. New York
Decided February 18, 1981No. CIV-80-577EPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
ELFVIN, J.
Plaintiff (“ConRail”) seeks to recover $69,691.00 in demurrage charges said to be owed by defendant (“Standard”). Standard has interposed the defense of accord and satisfaction and moved to dismiss the Complaint under Fed.R.Civ.P. rule 12(b). I am treating said motion as a motion for summary judgment.
Standard operates grain elevators and other milling facilities and receives shipments of grain via rail service provided by ConRail. Standard’s rail yard is capable of holding approximately twenty-three cars. When grain shipments of more than twenty-three cars are…
2Cases cited8 opinions
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- Locust Cartage Co., Inc. v. Transamerican Freight Lines, Inc.Court of Appeals for the First Circuit · 1970
- Illinois Central Gulf Railroad Company v. Golden Triangle Wholesale Gas CompanyCourt of Appeals for the Fifth Circuit · 1978
- Norton v. ShotmeyerDistrict Court, D. New Jersey · 1947
- Baker v. Southeastern Michigan Shippers Co-Operative Ass'nDistrict Court, E.D. Michigan · 1973
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United Van Lines, Inc. v. ShoosterDistrict Court, S.D. Florida · 1992
- Concord Industries, Inc. v. K.T.I. Holdings, Inc.District Court, E.D. New York · 1989
- Breman's Express Co. v. Mitchell Milling Co. (In Re Breman's Express Co.)United States Bankruptcy Court, W.D. Pennsylvania · 1988
- Qwest Corp. v. AT & T CORP.District Court, D. Colorado · 2005
- Consolidated Rail Corp. v. Containair Systems Corp.District Court, S.D. New York · 1981