Missouri Pacific Railroad Company v. Independent Mills, Inc.

WILLIAM E. DOYLE, Circuit Judge.

Missouri Pacific, the appellant herein, seeks reversal of a judgment of the Kansas district court which interpreted a freight tariff to its detriment. In a summary judgment the court ruled that the tariff did not justify the imposition of additional freight charges on defendant Independent Mills.

The findings of the district court accurately set forth the facts and are not disputed. They are as follows:

The plaintiff, the Missouri Pacific Railroad Company, (hereinafter “Missouri Pacific”), is a corporation organized under the laws of the State of Missouri and is…