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JOHN MORRELL & CO. v. CHICAGO, ROCK IS. & PAC. R. R. CO.

No. 72-2022.

495 F.2d 331 (1974)

JOHN MORRELL & COMPANY, Plaintiff-Appellee, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 13, 1974.

Rehearing Denied April 24, 1974.

Attorney(s) appearing for the Case

Bruce C. Spitzer, Chicago, Ill., for defendant-appellant.

Marvin H. Ruttenberg, Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, KNOCH, Senior Circuit Judge and CAMPBELL, Senior District Judge.

KNOCH, Senior Circuit Judge.

Defendant-Appellant, Chicago, Rock Island and Pacific Railroad Company, has appealed from grant of motion for summary judgment in favor of plaintiff-appellee, John Morrell & Company, based on the pleadings and stipulated facts.

Plaintiff shipped a consignment of fresh pork bellies under a Uniform Bill of Lading to Armour and Company in South San Francisco, California, on September 9, 1967. Defendant transported this shipment...

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