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IOWA BEEF PACKERS, INC. v. CHICAGO GREAT WESTERN RY. CO.

No. 16720.

402 F.2d 930 (1968)

IOWA BEEF PACKERS, INC., Plaintiff-Appellant, v. CHICAGO GREAT WESTERN RAILWAY CO. and New York Central Railroad Co., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

October 29, 1968.

Attorney(s) appearing for the Case

P. L. Nymann, Dakota City, Neb., Eugene D. Anderson, Chicago, Ill., for plaintiff-appellant.

Richard O. Olson, Alvin E. Domash, Robert W. Coster, Chicago, Ill., for defendants-appellees Penn Central Company, successor in interest to The New York Central Railroad Co.

Edmund J. Kenny, Richard J. Brennan, Chicago, Ill., Winston, Strawn, Smith & Patterson, Chicago, Ill., for defendants-appellees Chicago Great Western Railway Co.

Before KILEY, CUMMINGS and KERNER, Circuit Judges.

KERNER, Circuit Judge.

This is an action by a shipper to recover against the carriers under Title 49 U.S.C. § 20(11) for the loss resulting from a failure to require surrender of the bills of lading. The district court without a jury, found for defendants and plaintiff appeals.

On or about December 3, 1963, plaintiff Iowa Beef Packers, Inc. (Iowa) agreed to ship three carloads "choice steers * * * thin skinned butchertype cattle * * *" to White House...

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