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GREAT NORTHERN RAILWAY CO. v. BARTLETT & CO., GRAIN

No. 16785.

298 F.2d 90 (1962)

GREAT NORTHERN RAILWAY COMPANY, Appellant, v. BARTLETT & COMPANY, GRAIN, Appellee.

United States Court of Appeals Eighth Circuit.

January 5, 1962.

Attorney(s) appearing for the Case

D. Carlton Shull, Sioux City, Iowa, for appellant and Shull, Marshall, Mayne, Marks & Vizintos, Sioux City, Iowa, were with him on the brief.

Frank Jacobs, Sioux City, Iowa, for appellee and Sifford & Wadden, Sioux City, Iowa, were with him on the brief.

Before SANBORN, MATTHES and RIDGE, Circuit Judges.

RIDGE, Circuit Judge.

Bartlett & Company, Grain, operates a grain elevator in Sioux City, Iowa, serviced by industrial spur tracks connected to the main line of the Great Northern Railway Company. Great Northern delivers shipments of grain in boxcars which are spotted on the spur track near the elevator. From this place they are moved by Bartlett employees to the unloading pit of the elevator as needed. After unloading, the boxcars are moved from the "pit" by...

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