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NORTHWESTERN PAC. RAILROAD CO. v. BURCHWELL CO., INC.

No. 21642.

349 F.2d 497 (1965)

NORTHWESTERN PACIFIC RAILROAD COMPANY, Appellant, v. BURCHWELL COMPANY, INC., Appellee.

United States Court of Appeals Fifth Circuit.

June 23, 1965.

Attorney(s) appearing for the Case

J. Fred Powell and Andrew J. Thomas, Birmingham, Ala., Moore, Thomas, Taliaferro, Forman & Burr, Birmingham, Ala., of counsel, for appellant.

Arnold Drennen, Birmingham, Ala., Drennen, Loeb & Drennen, Birmingham, Ala., of counsel, for appellee.

Before WOODBURY, WISDOM, and BELL, Circuit Judges.

WISDOM, Circuit Judge:

The narrow question for decision is whether a consignee who diverts an interstate shipment in transit to another consignee is liable for the freight charges.

The facts are stipulated. Park Loading Company delivered a carload of lumber to Northwestern Pacific Railroad to be shipped from Eureka, California, to Burchwell Company in Eddyville, Kentucky. The uniform straight bill of lading showed Park as consignor and Burchwell as consignee...

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