Legal Opinion

Kansas City Power and Light Company v. Burlington Northern Railroad Company

Court of Appeals for the Eighth Circuit

Decided June 3, 1983No. 82-1378PublishedCited by 24 opinions

1Opinion of the Court

ROSS, Circuit Judge.

This action was filed by Kansas City Power and Light (KCPL) against Burlington Northern Railroad (BN) to enjoin BN from collecting the tariff rate which BN filed with the Interstate Commerce Commission (ICC) for shipment of coal to latan, Missouri (also known as Sadler, Missouri). KCPL asserted that the shipment was governed by a contract rate and that the proposed tariff was contrary to the provisions of that contract. BN argued that no such contract existed and that it is entitled to collect the rate established by the tariff filed with the ICC.

The district court 1 on…

2Cases cited5 opinions

  1. Ancom, Inc., a Corporation v. E. R. Squibb & Sons, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1981
  2. Community Land Corporation v. StuenkelSupreme Court of Missouri · 1968
  3. Blair International, Ltd. v. Labarge, Inc., Cross-Appellant v. George Zack & Phillip K. Ewbank, Ewbank International Division, Inc., Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1982
  4. Young v. ATO, INC.District Court, E.D. Missouri · 1980
  5. Kansas City Power & Light Co. v. Burlington Northern RailroadDistrict Court, W.D. Missouri · 1982

3Cited by24 opinions

  1. McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
  2. Marjorie Louise Dabney v. Montgomery Ward & Co., Incorporated, and Honeywell, IncCourt of Appeals for the Eighth Circuit · 1985
  3. Wallace v. Dorsey Trailers Southeast, Inc.Court of Appeals for the Eighth Circuit · 1988
  4. Barber-Greene Company v. National City Bank of MinneapolisCourt of Appeals for the Eighth Circuit · 1987
  5. Georgia Casualty and Surety Company, a Georgia Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1987

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