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SKAGGS v. MIDLAND VALLEY RAILROAD COMPANY

Civ. No. 5592.

233 F.Supp. 1004 (1964)

W. M. SKAGGS and Elbert Skaggs, co-partners d/b/a Skaggs Brothers Produce, Plaintiffs, v. MIDLAND VALLEY RAILROAD COMPANY, a corporation, Defendant.

United States District Court N. D. Oklahoma.

September 30, 1964.

Attorney(s) appearing for the Case

Farmer, Woolsey, Bailey & Flippo, Tulsa, Okl., for plaintiffs.

Dyer, Powers & Gotcher, Tulsa, Okl., for defendant.

DAUGHERTY, District Judge.

In this case the plaintiffs seek damages from the defendant as the originating carrier for a shipment of fresh green corn which was rejected upon delivery at destination due to spoilage. 1079 bags of fresh green corn are involved. The corn was loaded by plaintiff at Bixby, Oklahoma, where the shipment originated with destination of Denver, Colorado. The shipment was not consigned, according to the Shipping Order dated July 12, 1961, and...

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