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TRI-STATE PRODUCE CO. v. CHICAGO, B. & Q. R. CO.

Civ. No. 637.

104 F.Supp. 452 (1952)

TRI-STATE PRODUCE CO. v. CHICAGO, B. & Q. R. CO.

United States District Court, N. D. Iowa, W. D.

April 30, 1952.

Attorney(s) appearing for the Case

Bernard T. Caine, Abraham H. Baron and Philip R. Wigton, Sioux City, Iowa, for plaintiff.

Walter P. Loomis, Omaha, John S. Sears, Sioux City, Iowa, for defendant.

GRAVEN, District Judge.

The plaintiff, a shipper, commenced this action in the District Court of Iowa in and for Woodbury County against the defendant, an initial carrier, for damages claimed to have been sustained by it because of the claimed failure of the delivering carrier to give the plaintiff timely notice of the non-delivery of a car of frozen turkeys. In the alternative it claimed damages for the conversion of the car by the delivering carrier. The amount...

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