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NATIONAL BEEF PACKING CO. v. MISSOURI PACIFIC R. CO.

No. 25695.

479 S.W.2d 155 (1972)

NATIONAL BEEF PACKING COMPANY, Respondent, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellant.

Missouri Court of Appeals, Kansas City District.

April 3, 1972.

Attorney(s) appearing for the Case

B. Kent Snapp, Hilary A. Bush and James L. Burgess, Kansas City (Johnson, Lucas, Bush & Snapp, Kansas City, of counsel), for appellant.

George M. Winger and William G. Levi, Kansas City (Smith, Schwegler, Swartzman & Winger, Incorporated, Kansas City, of counsel), for respondent.

PER CURIAM:

The principal issue is whether an amended petition stated a new cause of action for damage to a shipment of beef so that the claim would be barred under the notice provisions of the Bill of Lading, and by 49 U.S.C.A. 20(11). Section 2.(b) of the Bill of Lading provides that a notice of claim shall be filed within nine months of the delivery of the property, and suit shall be filed within two years and one day from the day when notice in writing is given...

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