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IOWA BEEF PROCESSORS, INC. v. GRAND TRUNK WESTERN R. CO.

No. 73-1914.

493 F.2d 665 (1974)

IOWA BEEF PROCESSORS, INC., a Delaware corporation, Plaintiff-Appellee, v. GRAND TRUNK WESTERN RAILROAD COMPANY, a Michigan corporation, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 28, 1974.

Attorney(s) appearing for the Case

Charles R. Hrdlicka, Detroit, Mich., for appellant; Frank G. Proctor, Detroit, Mich., on brief.

Irving Harris, Cincinnati, Ohio, Cors, Hair & Hartsock, Cincinnati, Ohio, Jack C. Radcliffe, Jr., Dahlberg, Mallender & Gawne, Detroit, Mich., Eugene D. Anderson, Washington, D. C., on brief.

Before PHILLIPS, Chief Judge, and EDWARDS and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

The district court granted summary judgment in favor of the plantiff for the full amount sought in the complaint. The plaintiff shipped carloads of beef with the defendant Grand Trunk Western Railroad Company on order bills of lading. Delivery was to be made to Great Markwestern Packing Co. upon surrender of the bills of lading, but in each instance defendant delivered the cargo to Great Markwestern without surrender of the bills of lading....

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