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CHICAGO, M. & ST. P. RY. CO. v. PIONEER GRAIN CORPORATION

26 F.2d 90 (1928)

CHICAGO, M. & ST. P. RY. CO. v. PIONEER GRAIN CORPORATION.

District Court, D. Minnesota, Fourth Division.

May 11, 1928.

Attorney(s) appearing for the Case

F. W. Root, C. O. Newcomb, and A. C. Erdall, all of Minneapolis, Minn., for plaintiff.

Harold G. Simpson, of Minneapolis, Minn., for defendant.

JOHN B. SANBORN, District Judge.

This is an action brought by the plaintiff to recover demurrage charges. The defendant denies its liability therefor, and as a counterclaim alleges that the plaintiff is indebted to it in the sum of $25,000 for a negligent breach of its duty to furnish cars during the times referred to in the complaint. In its reply, the plaintiff denies the counterclaim. It now moves to strike out the counterclaim.

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