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JOHNSON MACHINE WORKS, INC. v. CHICAGO, B. & Q. R. CO.

No. 16736.

297 F.2d 793 (1962)

JOHNSON MACHINE WORKS, INC., Defendant-Appellant, v. CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY, Plaintiff-Appellee, and Chicago and Northwestern Railway Company, Third Party Defendant-Appellee.

United States Court of Appeals Eighth Circuit.

January 16, 1962.

Attorney(s) appearing for the Case

Albert V. Hass, Chariton, Iowa, made argument for the appellant and was on the brief.

J. C. Pryor, Burlington, Iowa, made argument for appellee, Chicago, Burlington & Quincy Railroad Co. Pryor, Riley, Jones & Walsh, Burlington, Iowa, were with him on the brief.

Ray Johnson, Jr., Des Moines, Iowa, made argument for third-party appellee, Chicago and Northwestern Railway Co. Davis, Huebner, Johnson, Burt & Fulton and also Frank W. Davis, Des Moines, Iowa, were with him on the brief.

Before VOGEL, VAN OOSTERHOUT and BLACKMUN, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

Plaintiff, Chicago, Burlington and Quincy Railroad Company (Burlington), brought this action against defendant Johnson Machine Works, Inc., to recover $10,077.81 alleged to be the balance due for freight charges for carriage of 34 carloads of fabricated steel over its lines from Chariton, Iowa, to Council Bluffs, Iowa, and thence over the lines of the Chicago and Northwestern Railway Company (Northwestern) to Box Elder, South Dakota...

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