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ESTHERVILLE PRODUCE CO. v. CHICAGO, R. I. & P. R. CO.

Nos. 9276, 9264.

57 F.2d 50 (1932)

ESTHERVILLE PRODUCE CO. v. CHICAGO, R.I. & P.R. CO. CHICAGO, R. I. & P. R. CO. v. ESTHERVILLE PRODUCE CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 5, 1932.

Attorney(s) appearing for the Case

D.M. Kelleher, of Ft. Dodge, Iowa (Goheen, Goheen & Neuzil, of Calmar, Iowa, on the brief), for Estherville Produce Co.

R. L. Read, of Des Moines, Iowa (J. G. Gamble and A. B. Howland, both of Des Moines, Iowa, on the brief), for Chicago, R. I. & P. R. Co.

Before KENYON, VAN VALKENBURGH and GARDNER, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

The Estherville Produce Company, a co-partnership composed of H.D. Hinsch and Frank Koch, and suing as a firm under local practice, was engaged in the poultry and egg business at Estherville, Iowa. One of its regular customers, the commission firm of Levit & Woorman, had a place of business at 345 South Front street in Philadelphia, Pa., but usually received shipments on track 7-A, Pier 62 South, in said city. The produce company...

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