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CHICAGO, B. & Q. R. CO. v. DUHAMEL BROADCASTING COMPANY

No. Civ. 69-133W.

337 F.Supp. 481 (1972)

CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY v. DUHAMEL BROADCASTING COMPANY.

United States District Court, D. South Dakota, W. D.

January 25, 1972.

Attorney(s) appearing for the Case

Harold Hanley, Rapid City, S. D., for plaintiff.

George Beal, Rapid City, S. D., for defendant.

MEMORANDUM DECISION

BOGUE, District Judge.

Defendant Duhamel Broadcasting Enterprises purchased dismantled tower material through a television trade journal. The tower material was to be used in the construction of a five-hundred foot (500') steel tower to transmit television signals.

The defendant's engineers requested a quote from the Rock Island Railroad, not the plaintiff railroad, but a connecting carrier, for the cost of transporting such used...

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