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ATCHISON, TOPEKA & SANTA FE RY. CO. v. BENCHCRAFT, INC.

No. 73CV441-W-2.

381 F.Supp. 603 (1974)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Plaintiff, v. BENCHCRAFT, INC., Defendant and Third-Party Plaintiff, v. DELIVERY, INC. and Capitol Truck Lines, Inc., Third-Party Defendants.

United States District Court, W. D. Missouri, W. D.

April 4, 1974.

Attorney(s) appearing for the Case

Sam D. Parker, Jack W. R. Headly, Joseph E. Stevens and Daniel M. Dibble, of Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, Mo., for plaintiff.

George L. Gisler, Kansas City, Mo., for defendant and third-party plaintiff.

Lex Passman, of Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, Mo., for third-party defendant Delivery, Inc.

Howard D. Lay, of Donaldson & Lay, Kansas City, Mo., for third-party defendant Capitol Truck Lines, Inc.

Memorandum And Order Granting Defendant And Third-Party Defendants' Joint Motion For Summary Judgment

COLLINSON, District Judge.

This is an action to recover demurrage charges for excess detention of two trailers. Defendant and third-party defendants jointly have moved the Court for summary judgment. The motion will be granted.

The motion is based on the facts alleged in plaintiff's complaint and plaintiff's answers to certain interrogatories...

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