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SCHULER CHOCOLATES, INC. v. CHICAGO & N.W.RY. CO.

No. 72-1236.

468 F.2d 119 (1972)

SCHULER CHOCOLATES, INC., Appellee, v. CHICAGO AND NORTH WESTERN RAILWAY CO., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 10, 1972.

Attorney(s) appearing for the Case

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

Kent A. Gernander, Streater, Murphy, Brosnahan & Langford, Winona, Minn., for appellee.

Before LAY, ROSS and STEPHENSON, Circuit Judges.

PER CURIAM.1

Because of a misunderstanding over the size of the cherries, the Brock Candy Co., in Chattanooga, Tennessee, returned a shipment via interstate carrier of 115 fifty-five gallon barrels of cherries to Schuler Chocolates, Inc. in Winona, Minnesota. Upon receipt of the shipment it was determined that there existed considerable damage to the barrels and that some of the cherries had spoiled. Schuler brought suit under the Carmack...

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