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ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. v. BOUZIDEN

No. 6948.

307 F.2d 230 (1962)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Appellant, v. Sol BOUZIDEN, Albert Bouziden and Pete Leslie, individuals, Sol Bouziden and Albert Bouziden, d/b/a B & B Cattle Co., and B & B Cattle Co., Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 6, 1962.

Attorney(s) appearing for the Case

Alfred P. Murrah, Jr., Oklahoma City, Okl. (Rainey, Flynn & Welch, Oklahoma City, Okl., of counsel), for appellant.

John W. Swinford, Oklahoma City, Okl. (Frank Houts, Alva, Okl., on the brief; Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, Oklahoma City, Okl., of counsel), for appellees.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

PHILLIPS, Circuit Judge.

The Atchison, Topeka and Santa Fe Railway Company, hereinafter called the Santa Fe, instituted this action against the above-named appellees, hereinafter referred to as the shippers, to recover alleged freight undercharges in the amount of $1,560.01, alleged to be due on shipments of cattle.

The case was tried to the court. The record here consists of the pleadings, the Santa Fe's motion for summary judgment and certain exhibits attached...

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