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

No. 8702.

42 F.2d 1009 (1930)

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

Circuit Court of Appeals, Eighth Circuit.

July 19, 1930.


Attorney(s) appearing for the Case

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

A. C. Erdall, of Minneapolis, Minn. (F. W. Root and C. O. Newcomb, both of Minneapolis, Minn., on the brief), for appellee.

Before KENYON, BOOTH and GARDNER, Circuit Judges.


BOOTH, Circuit Judge.

An action was brought by the appellee railway company against the appellant, as defendant, to recover demurrage charges. The defendant answered, denying its liability. It also set up a counterclaim, alleging that plaintiff was liable in damages to it for a negligent breach of duty as a common carrier to furnish cars to defendant during the times referred to in the complaint. In its reply the plaintiff denied the counterclaim; later it moved to...

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