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LOVELESS v. UNIVERSAL CARLOADING & DISTRIBUTING CO.

No. 5075.

225 F.2d 637 (1955)

M. W. LOVELESS, dba Loveless Manufacturing Company, a sole proprietorship, Appellant, v. UNIVERSAL CARLOADING & DISTRIBUTING COMPANY, Inc., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

July 29, 1955.

Attorney(s) appearing for the Case

John M. Wheeler, Tulsa, Okl. (Wheeler & Wheeler, John Wheeler, Jr. and Robert L. Wheeler, Tulsa, Okl., were with him on the brief), for appellant.

William J. Treadgill, Tulsa, Okl. (Joseph N. Shidler, Tulsa, Okl., was with him on the brief), for appellee.

Before BRATTON and MURRAH, Circuit Judges, and WALLACE, District Judge.

MURRAH, Circuit Judge.

M. W. Loveless, dba Loveless Manufacturing Company, sued Universal Carloading & Distributing Company, Inc. as the terminating carrier, for damages to machinery shipped under a bill of lading in interstate commerce. The case was removed from the state court to the federal court on requisite diversity of citizenship and amount in controversy and as one arising under the laws of the United States.

The undisputed facts are that Loveless...

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