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SOUTHERN PACIFIC COMPANY v. MILLER ABATTOIR COMPANY

No. 19516.

454 F.2d 357 (1972)

SOUTHERN PACIFIC COMPANY, a corporation of the State of Delaware v. MILLER ABATTOIR COMPANY, a corporation of the State of New Jersey, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 12, 1972.

Attorney(s) appearing for the Case

Solomon Lubow, Jersey City, N. J., for appellant.

Jerome J. Graham, Jr., Carpenter, Bennett & Morrissey, Newark, N. J. (Carpenter, Bennett & Morrissey, John E. Patton, Newark, N. J., on the brief), for appellee.

Before KALODNER, GIBBONS and HUNTER, Circuit Judges.

Submitted under Third Circuit Rule 12(6) November 30, 1971.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

The plaintiff, Southern Pacific Company (hereinafter the "Railroad"), a Delaware corporation, is a common carrier engaged in the railway transportation of property in interstate commerce. The defendant, Miller Abbatoir Company (hereinafter the "Consignee") is a New Jersey corporation engaged...

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