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FIELDING v. TOLEDO & O. C. RY. CO.

No. 3165.

33 F.2d 994 (1928)

FIELDING v. TOLEDO & O. C. RY. CO.

District Court, N. D. Ohio, W. D.

February 27, 1928.

Attorney(s) appearing for the Case

Ben W. Johnson and Johnson, Johnson & Farber, all of Toledo, Ohio, for plaintiff.

Doyle & Lewis, of Toledo, Ohio, for defendant.

KILLITS, District Judge.

This case was begun in the state court through the filing of a petition which stated a cause of action for damage by fire of a carload of automobiles while in intrastate transportation. An answer was filed, alleging that the freight in question was in process of interstate transportation when the loss occurred. The issues in the state court were closed by a reply, denying the allegations of the answer attempting to change the aspect of the...

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