Legal Opinion
Southern Pacific Transportation Company v. Commercial Metals Company
Court of Appeals for the Fifth Circuit
Decided March 30, 1981No. 79-1843PublishedCited by 4 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
The sole question presented by this appeal is whether the failure of a carrier to comply with credit regulations promulgated under the Interstate Commerce Act is a defense available to the consignor in an action by the carrier against a consignor who failed to execute a nonrecourse provision in the relevant bill of lading. The district court found the carrier’s failure to be a valid defense; we affirm.
I
The facts in this case are not in dispute. On April 11, 1974, Commercial Metals Co. (Commercial) tendered one railcar of steel cobble to Penn Central Transportation…
2Cases cited13 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FinkSupreme Court of the United States · 1919
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
- Illinois Steel Co. v. Baltimore & Ohio RailroadSupreme Court of the United States · 1944
- Consolidated Freightways Corporation of Delaware v. Admiral CorporationCourt of Appeals for the Seventh Circuit · 1971
- Illinois Central Gulf Railroad Company v. Golden Triangle Wholesale Gas CompanyCourt of Appeals for the Fifth Circuit · 1978
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Southern Pacific Transportation Co. v. Commercial Metals Co.Supreme Court of the United States · 1982
- Flota Mercante Grancolombiana, S.A. v. Florida Construction Equipment, Inc.District Court, E.D. Louisiana · 1985
- Southern Pacific Transportation Co. v. Commercial Metals CoCourt of Appeals for the Fifth Circuit · 1981
- Southern Pacific Transportation Company v. Commercial Metals CompanyCourt of Appeals for the Fifth Circuit · 1982