MORGAN v. NORFOLK AND WESTERN RAILWAY CO.

No. 71-1909.

473 F.2d 1278 (1973)

Armour MORGAN, Plaintiff-Appellee, v. NORFOLK AND WESTERN RAILWAY CO., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 12, 1973.

Rehearing Denied March 9, 1973.


Attorney(s) appearing for the Case

Robert J. Banks, Jr., Danville, Ill., for defendant-appellant.

C. W. Dukes and Kenneth J. Meyers, Danville, Ill., for plaintiff-appellee.

Before KNOCH, Senior Circuit Judge, and CUMMINGS and PELL, Circuit Judges.


CUMMINGS, Circuit Judge.

Plaintiff, a cattle feeder located near Perryville, Indiana, sued defendant railroad, alleging that it improperly handled his cattle in transporting them from South Morrill, Nebraska, to Tilton, Illinois. The issues raised in this appeal concern only two of four shipments covered by the amended complaint. Claim 3 involved 339 feeder steers shipped on March 8, 1968, and Claim 4 involved 240 feeder steers shipped on August 3, 1968.

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