ARNOLD MILLING CO. v. COMMODITY CREDIT CORPORATION

No. 5087.

81 F.Supp. 889 (1948)

ARNOLD MILLING CO. v. COMMODITY CREDIT CORPORATION et al.

United States District Court W. D. Missouri, W. D.

September 8, 1948.


Attorney(s) appearing for the Case

John W. Hudson, of Kansas City, Mo., for plaintiff.

Lathrop, Crane, Sawyer, Woodson & Righter, of Kansas City, Mo., for defendant railroad.

David L. Thompson, of Kansas City, Mo., for Commodity Credit Corporation.


REEVES, Chief Judge.

Plaintiff's motion to strike, as well as the complaint, is based upon paragraph 11, Section 20, Title 49 U.S.C.A. This particular paragraph fixes liability upon the "initial carrier for loss; * * *" in cases of interstate transportation, and it forbids any limitation of liability by contract, receipt, rule, regulation, or other methods of limiting liability.

Paragraph 8 of defendant's answer is a special plea and defense wherein it is...

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