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FRASER-SMITH CO. v. CHICAGO, ROCK ISLAND & PACIFIC R. CO.

No. 20276.

435 F.2d 1396 (1971)

FRASER-SMITH COMPANY, Farmers Elevator Company of Traer, Iowa, and Johnson Feed and Grain Company, Appellees, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied January 27, 1971.

Attorney(s) appearing for the Case

A. James Dickinson, Stringer, Donnelly, Allen & Sharood, St. Paul, Minn., for appellant.

James H. Malecki, Gislason, Alsop, Dosland & Hunter, New Ulm, Minn., for appellees.

Before MATTHES, Chief Judge, and LAY and BRIGHT, Circuit Judges.

LAY, Circuit Judge.

This is an appeal by a common carrier, the Chicago, Rock Island and Pacific Railroad from judgments in favor of Fraser-Smith Company (a grain broker) and Farmers Elevator Company of Traer, Iowa, and in favor of Fraser-Smith Company and Johnson Feed and Grain Company in the respective sums of $5,018.14 and $2,567.82 both with interest and costs. The issues are significant. Jurisdiction is premised under 49 U.S. C.A. § 9.

The claims...

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