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MISSOURI PACIFIC RAILROAD CO. v. NATIONAL MILLING CO.

Civ. A. No. 580-67.

276 F.Supp. 367 (1967)

MISSOURI PACIFIC RAILROAD COMPANY, Plaintiff, v. NATIONAL MILLING COMPANY, Inc., Defendant.

United States District Court D. New Jersey.

November 27, 1967.

Attorney(s) appearing for the Case

Starr, Summerill & Davis, by S. Lewis Davis, and William C. Davis, Camden, N. J., for plaintiff.

Samuel Kalikman, Camden, N. J., Blank, Rudenko, Klaus & Rome, Philadelphia, Pa., of counsel, for defendant.

OPINION

COHEN, District Judge:

The sole question here is whether a common carrier, under the Interstate Commerce Act,1 is entitled to recover freight charges on an interstate shipment of goods, where the carrier issued a uniform straight bill of lading which it itself marked "freight prepaid," and when in reliance thereon, the consignee accepted delivery and paid the purchase price and full freight charge to the consignor who...

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