Kona Technology Corp. v. Southern Pacific Transportation Co.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
CARL E. STEWART, Circuit Judge:
Factual and Procedural History
I. Factual Background
This case involves a complex dispute over rah, freight, and shipping charges. The parties to this action are: Chevron Chemical, Co. (“Chevron”); Kona Technological Corp. (“Kona”), Southern Pacific Transportation Co. (“SP”); St. Louis Southwestern Railway Co. (“St.Louis”); and SPCSL Corp. (“SPCSL”) (St. Louis, SP, and SPCSL are collectively referred to as the “Railroads.”).
In 1982, Gulf Oil Corp. (“Gulf’) entered into a contract (“Contract 245”) with the Railroads to ship plastic products by rail. Contract 245…
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