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CHICAGO & NORTHWESTERN RY. CO. v. HOSPERS PACK. CO., INC.

No. 72-C-3004-W.

363 F.Supp. 697 (1973)

CHICAGO & NORTHWESTERN RAILWAY COMPANY, Plaintiff, v. HOSPERS PACKING COMPANY, INC., Defendant.

United States District Court, N. D. Iowa, W. D.

September 11, 1973.

Attorney(s) appearing for the Case

Ray H. Johnson, Jr., and Frank W. Davis, Jr., of Davis, Johnson, Burt & Davis, Des Moines, Iowa, for plaintiff.

Earl T. Klay and Loren J. Veldhuizen, of Klay, Bastemeyer & Veldhuizen, Orange City, Iowa, for defendant.

ORDER

McMANUS, Chief Judge.

This matter is before the court on plaintiff's unresisted motion for summary judgment, filed July 24, 1973.

This is an action to recover certain freight charges allegedly incurred by defendant between January 8, 1969 and April 22, 1970 for transportation of defendant's products from its plant in Hospers, Iowa, to buyers in Chicago, Illinois. The charges demanded by plaintiff were not paid originally due to alleged billing...

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