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CHICAGO & NORTH WESTERN RY. CO. v. HUNT-WESSON FOODS, INC.

No. 73-1763.

504 F.2d 905 (1974)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Plaintiff-Appellee, v. HUNT-WESSON FOODS, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 24, 1974.

Attorney(s) appearing for the Case

Robert W. Ginnane, David A. Sutherlund, Washington, D. C., for defendant-appellant.

James P. Daley, Robert Schmiege, Attys., C. & N. W. Trans. Co., Chicago, Ill., for plaintiff-appellee.

Before CASTLE, Senior Circuit Judge, PELL, Circuit Judge, and MATTHES. Senior Circuit Judge.

PELL, Circuit Judge.

Defendant Hunt-Wesson Foods, Inc., appeals from a district court order granting summary judgment to plaintiff Chicago and North Western Railway Company in an action to recover the alleged balance due in freight charges on 263 multiple-car shipments of canned goods from California received under a proportional rate tariff at Hunt-Wesson's Northlake, Illnois distribution center between January 1966 and January 1970.2

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