MISSOURI PACIFIC R. CO. v. LAKE CHARLES GRAIN & GROC. CO.

Civ. A. Nos. 12600, 12601.

320 F.Supp. 1064 (1971)

MISSOURI PACIFIC RAILROAD COMPANY v. LAKE CHARLES GRAIN AND GROCERY COMPANY, Inc. MISSOURI PACIFIC RAILROAD COMPANY v. KELLY, WEBER & COMPANY, Inc.

United States District Court, W. D. Louisiana, Lake Charles Division.

January 7, 1971.


Attorney(s) appearing for the Case

Kaufman, Anderson, Leithead, Scott & Boudreau, Lake Charles, La., for plaintiff.

Charles S. King, Lake Charles, La., for defendants.


EDWIN F. HUNTER, District Judge.

The sole question is whether a common carrier under the Interstate Commerce Act (49 U.S.C.A. § 1 et seq.) is entitled to recover freight charges, where the carrier issued uniform straight bills of lading, which it marked freight charges as "Prepaid" or "To Be Prepaid," and when in reliance of that representation, the consignee accepted delivery and paid the purchase price and full freight charge to the consignor— who never...

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