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UNION PACIFIC RAILROAD COMPANY v. HALL LUMBER SALES, INC.

No. 17223.

419 F.2d 1009 (1969)

UNION PACIFIC RAILROAD COMPANY, a corporation, Plaintiff-Appellant, v. HALL LUMBER SALES, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 4, 1969.

Attorney(s) appearing for the Case

James H. Anderson, Byron D. Strattan, Omaha, Neb., Aberg, Bell, Blake & Metzner, Madison, Wis., of counsel, for appellant.

Warren E. Kuehling, Madison, Wis., for appellee.

Before KNOCH, Senior Circuit Judge, and FAIRCHILD and KERNER, Circuit Judges.

FAIRCHILD, Circuit Judge.

Plaintiff Union Pacific Railroad Company brought an action to recover freight charges from defendant Hall Lumber Sales, Inc. There are no issues of fact. The district court gave judgment for Hall, and Union Pacific appealed.

On July 3, 1964, at Pendleton, Oregon, Union Pacific received a carload of lumber for carriage pursuant to uniform straight bill of lading. United Alpine Lumber Co., the consignor, consigned the car to itself...

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