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UNION PACIFIC RAILROAD CO. v. AMERICAN SILICA-SAND CO.

No. 11896.

243 F.2d 309 (1957)

UNION PACIFIC RAILROAD COMPANY, Plaintiff-Appellee, v. The AMERICAN SILICA-SAND COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 22, 1957.

Attorney(s) appearing for the Case

Albert E. Hallett, Chicago, Ill., R. C. Bannister, Chicago, Ill., Dallstream, Schiff, Hardin, Waite & Dorschel, Chicago, Ill., of counsel, for appellant.

James W. Kissel, Chicago, Ill., Kenneth F. Burgess, Darwin E. Smith, Chicago, Ill., Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel, for appellee.

Before FINNEGAN, LINDLEY and SCHNACKENBERG, Circuit Judges.

FINNEGAN, Circuit Judge.

An agreed statement of facts underlies the appealed judgment order allowing plaintiff-carrier, Union Pacific Railroad Company, recovery of $408.20 from the defendant-shipper, the American Silica-Sand Company. Its motion for a new trial being denied, defendant also seeks review of that adverse order. Plaintiff brought this action to recover freight charges from the defendant-shipper and the issues were tried without a jury. The amount of judgment...

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