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SPARTON CORPORATION v. EVANS PRODUCTS CO.

Nos. 14330, 14331.

293 F.2d 699 (1961)

SPARTON CORPORATION, Plaintiff-Appellant and Cross-Appellee, v. EVANS PRODUCTS CO., Defendant-Appellee and Cross-Appellant. (two cases).

United States Court of Appeals Sixth Circuit.

August 30, 1961.

Attorney(s) appearing for the Case

Townsend F. Beaman, Jackson, Mich. (Beaman & Beaman, Jackson, Mich., Casper W. Ooms, Robert C. Williams, Ooms, McDougall, Williams & Hersh, Chicago, Ill., on the brief), for Sparton Corp.

Cyrus G. Minkler, Detroit, Mich. (Robert L. Boynton, Arthur W. Dickey, Detroit, Mich., on the brief), for Evans Products.

Before MARTIN, WEICK and O'SULLIVAN, Circuit Judges.

MARTIN, Circuit Judge.

One of the problems long confronting railroads concerned the damage to goods in shipment resulting from movement of the freight within a freight car while in transit. An early attempt at solution, still practiced today, was the use of disposable wooden braces. Bracing used in cars to hold the freight in position is called "dunnage." This wooden disposable dunnage was nailed into position in the car so as to secure the freight against movement...

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