BNSF Logistics, LLC v. Provence et al

Filing 23

JUDGMENT in favor of BNSF Logistics, LLC against Camel Logistics, Inc., McWhorter Distribution, Inc., jointly and severally, in the amount of $67, 832.99 and interest at rate of 4% per annum. Signed by Honorable Jimm Larry Hendren on October 20, 2008. (ct)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION BNSF LOGISTICS, LLC v. Civil No. 07-5225 PLAINTIFF

MCWHORTER DISTRIBUTION, INC., and CAMEL LOGISTICS CONSENT JUDGMENT Now on this 20th day of October, 2008,

DEFENDANTS

comes

on

for

consideration the parties' Joint Motion For Entry Of Proposed Consent Judgment (document #22), and the Court, being well and sufficiently advised, finds that Consent Judgment in substantially the form proposed by the parties should be entered. agree to the following: 1. whose BNSF Logistics, LLC ("BNSFL") is an Arkansas corporation place of business is Springdale, Washington The parties

principal

County, Arkansas. 2. McWhorter Distribution, Inc. ("McWhorter") is a

corporation doing business in Arkansas. 3. Camel Logistics, Inc. ("Camel") is an Arkansas

corporation with its principal place of business in Fayetteville, Washington County, Arkansas. 4. §14706. 5. This Court has jurisdiction over the parties and the Plaintiff's claim for relief arises under 49 U.S.C.

subject matter herein, and venue is properly laid.

6.

Pursuant to contract entered on or about July 12, 2007,

BNSFL retained the services of McWhorter to transport a shipment of cheese from Carthage, Missouri, to Sterling, Illinois. 7. Bills of McWhorter accepted the shipment for transit pursuant to Lading/Purchase Orders and retained Camel, which

transported the load for delivery on or about July 16, 2007, when the load was rejected for high temperature and destroyed. 8. McWhorter and Camel are jointly and severally liable to

BNSFL in the amount of $67,832.99, which amount represents the full actual value of the shipment. IT IS THEREFORE ORDERED that BNSF Logistics, LLC, have and recover judgment against McWhorter Distribution, Inc., and Camel Logistics, Inc., jointly and severally, in the sum of Sixty-Seven Thousand Eight Hundred Thirty-Two and 99/100 Dollars ($67,832.99), same to draw interest at the rate of 4% per annum until paid. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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