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F. BURKHART MFG. CO. v. FORT WORTH & D. C. RY. CO.

No. 12988.

149 F.2d 909 (1945)

F. BURKHART MFG. CO. v. FORT WORTH & D. C. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

June 25, 1945.

Attorney(s) appearing for the Case

Otto R. Erker, of St. Louis, Mo. (Rassieur, Kammerer & Rassieur, of St. Louis, Mo., on the brief), for appellant.

Oliver J. Miller, of St. Louis, Mo. (Lashly, Lashly, Miller & Clifford, of St. Louis, Mo., and Barwise & Wallace, of Fort Worth, Tex., on the brief), for appellee.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.

SANBORN, Circuit Judge.

This action was brought by the appellee railway company to recover from the appellant freight undercharges upon certain shipments of cotton from Lubbock, Texas, to St. Louis, Missouri. The cotton was consigned by John B. Pruden, as shipper, to himself as consignee, under shipper's order — notify bills of lading. The appellant was the party specified in the bills to be notified of the arrival of the shipments at St. Louis. The bills of...

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