LOMAX TRANSPORTATION CO. v. UNITED STATES

No. 12422.

183 F.2d 331 (1950)

LOMAX TRANSPORTATION CO. v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

Petition to Remand Denied August 18, 1950.


Attorney(s) appearing for the Case

Witherspoon, Witherspoon & Kelley and William V. Kelley, Spokane, Wash., for appellant.

Harvey Erickson, U. S. Atty., Frank R. Freeman, Asst., U. S. Atty., Spokane, Wash., for appellee.

Before MATHEWS, ORR and LINDLEY, Circuit Judges.


LINDLEY, Circuit Judge.

Appellant, defendant below, on October 2, 1944, contracted to store certain United States naval supplies in its warehouse in Spokane, Washington. The agreement defining the rights and obligations of the parties consisted of a printed form contract of a type ordinarily used for procurement of supplies rather than for storage, in which were inserted special typewritten provisions, one of which read: "Contractor assumes absolute responsibility...

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