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MOLLER'S NURSERY, INC. v. UNION PACIFIC RAILROAD CO.

Civ. No. 70-877.

330 F.Supp. 863 (1971)

MOLLER'S NURSERY, INC., an Oregon corporation, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Defendant.

United States District Court, D. Oregon.

August 12, 1971.

Attorney(s) appearing for the Case

John G. McLaughlin, Douglas H. Stearns, McLaughlin & Stearns, Portland, Or., for plaintiff.

Randall B. Kester, Walter J. Cosgrave, Austin W. Crowe, Jr., Portland, Or., for defendant.

OPINION

ALFRED T. GOODWIN, District Judge:

The defendant has confessed liability for damages caused to a shipment of nursery stock in transit. The only remaining question presented under the agreed statement of facts is the shipper's claim for interest.

The purpose of the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 20(11), was to shift from the shipper to certain carriers the burden...

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