Legal Opinion

Consolidated Rail Corp. v. Containair Systems Corp.

District Court, S.D. New York

Decided August 31, 1981No. 80 Civ. 6814 (VLB)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

Introduction

The plaintiff railroad (“Conrail”) has invoked the Interstate Commerce Act, 49 U.S.C. § 10101, et seq. (1980), to recover payment of detention and storage charges allegedly owed to it by the defendant corporation (“Containair”).

The parties have stipulated the material facts and each has moved for summary judgment. For the reasons set forth below, upon the stipulated facts plaintiffs motion for summary judgment is granted, and defendant’s motion is denied.

II

The Facts

The storage and detention charges involved in this action were…

2Cases cited5 opinions

  1. Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
  2. Midstate Horticultural Co. v. Pennsylvania RailroadSupreme Court of the United States · 1943
  3. Illinois Central Gulf Railroad Company v. Golden Triangle Wholesale Gas CompanyCourt of Appeals for the Fifth Circuit · 1978
  4. United States Steel Corp. v. Trustees of Penn Central Transportation Co.Supreme Court of the United States · 1973
  5. Consolidated Rail Corp. v. Standard Milling Co.District Court, W.D. New York · 1981

3Cited by1 opinion

  1. American Express Travel Related Services Co. v. MarcoDistrict Court, S.D. New York · 1985

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