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UNION PACIFIC RAILROAD CO. v. ORE-IDA POTATO PRODUCTS

No. 15582.

252 F.2d 505 (1958)

UNION PACIFIC RAILROAD COMPANY, a corporation, Appellant, v. ORE-IDA POTATO PRODUCTS, Inc., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 27, 1958.

Attorney(s) appearing for the Case

Roy F. Shields, Joseph G. Berkshire, Howard E. Roos, Portland, Or., for appellant.

Martin P. Gallagher, Ontario, Or., for appellee.

Before STEPHENS, Chief Judge, and BARNES and HAMLEY, Circuit Judges.

HAMLEY, Circuit Judge.

Union Pacific Railroad Company brought this action to recover asserted undercharges for the transportation of frozen French fried potatoes. The defendant shipper, Ore-Ida Potato Products, Inc., denied that there were undercharges. It also counterclaimed to recover alleged overcharges for other shipments of the same commodity.

The court, which tried the case without a jury, found for defendant on both the complaint and counterclaim. Judgment...

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