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B. A. WALTERMAN CO. v. PENNSYLVANIA RAILROAD CO.

No. 14448.

295 F.2d 627 (1961)

B. A. WALTERMAN COMPANY, an Ohio corporation, Plaintiff-Appellant, v. PENNSYLVANIA RAILROAD COMPANY, a Pennsylvania corporation, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

October 27, 1961.

Attorney(s) appearing for the Case

David W. Goldman, Cincinnati, Ohio, (Robert P. Goldman, Paxton & Seasongood, Cincinnati, Ohio, on the brief), for plaintiff-appellant.

John W. Hudson, Cincinnati, Ohio, (Taft, Stettinius & Hollister, Cincinnati, Ohio, on the brief), for defendant-appellee.

Before MILLER, Chief Judge, and McALLISTER and WEICK, Circuit Judges.

PER CURIAM.

The action in the District Court was brought by a consignee against the delivering carrier to recover damages to a shipment of goods. The facts were stipulated. The District Court granted defendant's motion for summary judgment and dismissed the complaint on the sole ground that no written claim had been filed by plaintiff with the carrier within nine months after delivery of the shipment as provided by the bill of lading.

In this Court, it is...

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