Legal Opinion

Kona Technology Corp. v. Southern Pacific Transportation Co.

Court of Appeals for the Fifth Circuit

Decided September 13, 2000No. 99-20128PublishedCited by 98 opinions

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…

2Cases cited72 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  4. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  5. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974

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3Cited by98 opinions

  1. American Home Assurance Co. v. United Space Alliance, LLCCourt of Appeals for the Fifth Circuit · 2004
  2. Enriquez-Gutierrez v. HolderCourt of Appeals for the Fifth Circuit · 2010
  3. Gary Mitchell v. Hillsborough CountyCourt of Appeals for the Eleventh Circuit · 2006
  4. Chamber of Commerce of the U.S. v. U.S. Dep't of LaborCourt of Appeals for the Fifth Circuit · 2018
  5. UNC Lear Services, Inc. v. Kingdom of Saudi ArabiaCourt of Appeals for the Fifth Circuit · 2009

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