Legal Opinion
Continental Grain Company v. Frank Seitzinger Storage, Inc. v. Burlington Northern Railroad Company, A/K/A Burlington Northern Railway
Court of Appeals for the Eighth Circuit
Decided January 28, 1988No. 87-5113PublishedCited by 58 opinions
1Opinion of the Court
WOLLMAN, Circuit Judge.
Frank Seitzinger Storage, Inc., (Seitzinger) appeals from a summary judgment entered in favor of Burlington Northern Railroad Company (BN) on its claim that BN was liable for the loss of 926,520 pounds of wheat in transit. We reverse and remand.
I
In November 1983, Seitzinger entered into a contract for the sale of 83,000 bushels of wheat to Continental Grain Company (Continental), the weight to be certified upon arrival at destination. Seitzinger loaded the wheat into a twenty-six car unit train at its Kennedy, Minnesota, facility on November 25, 1983. The grain was…
2Cases cited10 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
- R. H. Fulton v. Chicago, Rock Island And Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1973
- Wilson v. MyersCourt of Appeals for the Eighth Circuit · 1987
- Lauren R. Hegg v. United StatesCourt of Appeals for the Eighth Circuit · 1987
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3Cited by58 opinions
- Woodsmith Publishing Co. v. Meredith CorporationCourt of Appeals for the Eighth Circuit · 1990
- United States v. David BentleyCourt of Appeals for the Seventh Circuit · 1988
- Oak Hall Cap & Gown Co. v. Old Dominion Freight Line, Inc.Court of Appeals for the Fourth Circuit · 1990
- A.I.G. Uruguay Compania De Seguros, S.A. v. AAA Cooper TransportationCourt of Appeals for the Eleventh Circuit · 2003
- McDonald's Corp. v. NelsonDistrict Court, S.D. Iowa · 1993
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