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ATCHISON, T. & S. F. RY. CO. v. MIDLAND COOPERATIVES, INC.

Civ. No. 69-136.

306 F.Supp. 723 (1969)

ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Plaintiff, v. MIDLAND COOPERATIVES, INC., Defendant.

United States District Court W. D. Oklahoma.

October 27, 1969.

Attorney(s) appearing for the Case

Hugh Rice, of Rainey, Flynn, Welch, Wallace, Ross & Cooper, Oklahoma City, for plaintiff.

Stanley D. Campbell, of Campbell & Campbell, Tulsa, Okl., for defendant.

MEMORANDUM OPINION

DAUGHERTY, District Judge.

Plaintiff as carrier sues the Defendant as consignor for freight charges on eleven tank car shipments of oil from Cushing, Oklahoma, to West Frankfort, Illinois. The case has been submitted to the Court on a Stipulation of Facts and briefs.

Plaintiff and Defendant entered into a Bill of Lading contract on each of said shipments wherein it was agreed that the Plaintiff, as carrier, shall not make delivery...

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