Canadian National Railway v. Vertis Inc., No. 09-4586; U.S. District Court (DNJ); opinion by Wolfson, U.S.D.J.; filed August 16, 2011. DDS No. 08-7-3465 [16 pp.]
Defendants Vertis Inc. and American Color Graphics ordered rolled paper from nonparty St. Mary’s Paper Company Ltd. St. Mary’s billed defendants for the cost of shipping and defendants paid St. Mary’s for the 57 shipments, including the accompanying freight charges. St. Mary’s independently agreed with plaintiff to provide rail service to ship the paper. To initiate the shipping, St. Mary’s would inform plaintiff that it wanted to transport a shipment of paper and would select the applicable tariff with rates dictated by private agreements between plaintiff and St. Mary’s.
