Legal Opinion

Thomson Phosphate Co. v. Atlantic Coast Line Railroad

Court of Appeals for the Second Circuit

Decided November 24, 1970No. Nos. 148-149, Dockets 34582, 35010PublishedCited by 1 opinion

1Per curiam

For more than twenty-four years — using a procedure designed to expedite claims — the shipper and carrier in this action have been disputing the proper rate to be applied to ground phosphate rock shipped by rail from Florida to Illinois during the 1940’s.

The issue on this appeal is whether a reparation order by the Interstate Commerce Commission (“Commission”) resolving this matter should be set aside, or whether the action brought by the shipper, Thomson Phosphate Company, to enforce the order should be granted. The history of Thomson’s hoary claim against Atlantic Coast Line Railroad…

2Cases cited3 opinions

  1. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  2. Western Union Telegraph Co. v. United StatesCourt of Appeals for the Second Circuit · 1954
  3. Thomson Phosphate Co. v. Atlantic Coast Line R. Co.District Court, S.D. New York · 1968

3Cited by1 opinion

  1. Thomson Phosphate Company v. Atlantic Coast Line Railroad Company, Atlantic Coast Line R. R. Co., Cross-Plaintiffs-Appellants v. United States of America and Interstate Commerce Commission, Cross-Defendants-AppelleesCourt of Appeals for the Second Circuit · 1970

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