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MISSOURI PACIFIC RAILROAD CO. v. NATIONAL MILLING CO.

No. 17134.

409 F.2d 882 (1969)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. NATIONAL MILLING COMPANY, Inc.

United States Court of Appeals Third Circuit.

Decided April 3, 1969.

Rehearing Denied May 9, 1969.

Attorney(s) appearing for the Case

John P. Mason, Dechert, Price & Rhoads, Philadelphia, Pa. (Mark M. Hennelly and R. W. Yost, St. Louis, Mo., on the brief), for appellant.

Edwin P. Rome, Blank, Rudenko, Klaus & Rome, Philadelphia, Pa. (Samuel Kalikman, Leonard Dubin, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, STALEY and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Appellee, a New Jersey corporation, purchased four carloads of hardwood flooring from an Arkansas consignor to be delivered to it in New Jersey. The plaintiff carrier specifically assumes in this court that it acknowledged on the straight bill of lading for the flooring that the full amount of freight charges had been paid by the shipper when in fact the shipper had not paid said...

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