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MINNEAPOLIS, ST. P. & S. S. M. R. CO. v. METAL-MATIC, INC.

Nos. 17038, 17039.

323 F.2d 903 (1963)

MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILROAD COMPANY, Appellant, v. METAL-MATIC, INC., Appellee. METAL-MATIC, INC., Appellant, v. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILROAD COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

October 23, 1963.

Attorney(s) appearing for the Case

Benedict Deinard, Minneapolis, Minn., for the Minneapolis, St. Paul & Sault Ste. Marie Railroad Co. Edward M. Glennon, Minneapolis, Minn., was with him on the brief.

Robert J. King, Minneapolis, Minn., for Metal-Matic, Inc. Clarence O. Holten and James S. Eriksson, Minneapolis, Minn., were with him on the brief.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.

RIDGE, Circuit Judge.

Number 17038 is an appeal from a judgment for damages to goods transported in interstate commerce under a "straight bill of lading," containing a "shipper's load and count" clause. 49 U.S.C.A. § 101. Plaintiff, the consignee of the shipment, based its cause of action against defendant under the Carmack Amendment, 49 U.S.C.A. § 20(11). Jurisdiction on appeal is premised in 28 U.S.C.A. §...

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