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HUNTER PACKING CO. v. BALTIMORE & O. R. CO.

No. 10855.

210 F.2d 448 (1954)

HUNTER PACKING CO. v. BALTIMORE & O. R. CO.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 16, 1954.

Attorney(s) appearing for the Case

Rudolph J. Kramer, R. Emmett Costello, John C. Roberts, East St. Louis, Ill., John M. Aherne, New York City, John L. Conners, New York City, Kramer, Campbell, Costello & Weichert, East St. Louis, Ill., Bigham, Englar, Jones & Houston, New York City, Edwin H. Burgess and F. W. Doolittle, Jr., Baltimore, Md., of counsel, for appellant.

Henry Driemeyer, Robert L. Broderick, East St. Louis, Ill., Pope & Driemeyer, East St. Louis, Ill., of counsel, for appellee.

Before MAJOR, Chief Judge, and DUFFY and SWAIM, Circuit Judges.

DUFFY, Circuit Judge.

Plaintiff brought this action to recover damages which it sustained when two shipments of perishable meat products owned by plaintiff and transported by defendant as a common carrier for hire were inundated in a flood at Smithburg, West Virginia. The meat products were shipped from East St. Louis, Illinois, for delivery to consignees in Philadelphia, Pa., and Washington, D. C. The bills of lading each contained a provision that defendant would...

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