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ISMERT-HINCKE MILLING CO. v. UNION PACIFIC R. CO.

No. 5327.

238 F.2d 14 (1956)

The ISMERT-HINCKE MILLING COMPANY, Appellant, v. The UNION PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 23, 1956.

Attorney(s) appearing for the Case

Solbert M. Wasserstrom, Kansas City, Mo. (Byron M. Gray, Topeka, Kan., and Philip L. Levi, Kansas City, Mo., were with him on the brief), for appellant.

Carl Enggas, Kansas City, Mo. (O. B. Eidson, Topeka, Kan., Melvin J. Spencer, Kansas City, Mo., Lillard, Eidson, Lewis & Porter, Topeka, Kan., Watson, Ess, Marshall & Enggas, Kansas City, Mo., were with him on the brief), for appellee.

Before HUXMAN, MURRAH and PICKETT, United States Circuit Judges.

HUXMAN, Circuit Judge.

This action was instituted in the United States District Court for the District of Kansas by the Ismert-Hincke Milling Company, herein called the Shipper, against the Union Pacific Railroad Company, herein called the Carrier, to collect $60,320.81, together with interest and attorney's fees for loss suffered to shipments of goods by flood waters in Carrier's Topeka, Kansas, Yards, during the 1951 flood. The ultimate issue was whether the loss...

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