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JOHNSON v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC R. CO.

No. 21998.

400 F.2d 968 (1968)

V. L. JOHNSON, d/b/a V. L. Johnson Lumber Co., Appellant, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD CO., Appellee.

United States Court of Appeals Ninth Circuit.

September 20, 1968.

Attorney(s) appearing for the Case

Jerrold C. Park (argued) of McFadden & Park, St. Maries, Idaho, for appellant.

James E. Nelson (argued), B. E. Lutterman, Warren H. Ploeger, Seattle, Wash., Sidney E. Smith, Coeur d'Alene, Idaho, for appellee.

Before JOHNSEN, BROWNING and CARTER, Circuit Judges.

JAMES M. CARTER, Circuit Judge:

This diversity action for damages, removed from the state court, was commenced by V. L. Johnson, d/b/a V. L. Johnson Lumber Co., hereafter "Shipper," against the Chicago, Milwaukee, St. Paul & Pacific Railroad Co., hereafter the "Railroad." At the close of the Shipper's case to a jury, the court on motion of the railroad, entered a dismissal with prejudice on the grounds of insufficiency of the evidence.1

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