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CHICAGO, R.I. & P.R. CO. v. PACIFIC WINE CO.

Gen. No. 46,935.

12 Ill. App.2d 535 (1957)

140 N.E.2d 384

Chicago, Rock Island & Pacific Railroad Company, Plaintiff-Appellant, v. Pacific Wine Company, Defendant-Appellee.

Appellate Court of Illinois — First District, Third Division.

Released for publication March 5, 1957.

Attorney(s) appearing for the Case

O.L. Houts, and E.D. Curlee, of Chicago, for plaintiff-appellant.

Schultz & Biro, for defendant-appellee.

JUDGE KILEY delivered the opinion of the court.

Plaintiff Railroad sued defendant Wine Company, on three counts, to recover balances claimed to be due for freight rates upon three separate shipments of sparkling wine delivered by the Railroad. The Court, without a jury, found, and entered judgment, for defendant on all counts and the Railroad has appealed.

The facts are stipulated. The shipments were made November 29, 1948, December 10, 1948, and November...

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