HOPPER PAPER CO. v. BALTIMORE & O. R. CO.

No. 9894.

178 F.2d 179 (1949)

HOPPER PAPER CO. v. BALTIMORE & O. R. CO.

United States Court of Appeals Seventh Circuit.

December 12, 1949.


Attorney(s) appearing for the Case

James J. Graham, Springfield, Ill., Graham & Graham, Springfield, Ill. (Frank H. Cole, Jr., Cincinnati, Ohio, and Edwin H. Burgess, Baltimore, Md., of counsel), for appellant.

Clayton J. Barber, Alton G. Hall, Henry R. Barber, Springfield, Ill., for appellee.

Before KERNER, LINDLEY, and SWAIM Circuit Judges.


KERNER, Circuit Judge.

In the District Court the case was tried by the court without a jury, and a judgment was entered in favor of plaintiff. This judgment, defendant seeks to reverse.

Plaintiff, on August 16, 1947, sued defendant, a Maryland corporation engaged in the business of transporting property by rail in interstate commerce, for the admitted value of a carload of paper. The defense pleaded was that plaintiff failed to file a written notice of claim...

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