No. 74-1591.

514 F.2d 30 (1975)

CHICAGO AND NORTH WESTERN RAILROAD COMPANY, a corporation, Appellee, v. UNION PACKING COMPANY, a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 17, 1975.

Attorney(s) appearing for the Case

Timothy J. McReynolds, Omaha, Neb., for appellant.

Andrew E. Grimm, Omaha, Neb., for appellee.

Before GIBSON, Chief Judge, CLARK, Associate Justice, and LAY, Circuit Judge.

LAY, Circuit Judge.

Union Packing Company (hereafter Union) appeals from a judgment of the district court dismissing two counterclaims against the Chicago and North Western Railway Company (hereafter Railroad). 373 F.Supp. 734 (D.Neb.1974). The Railroad sued Union to collect $24,411.02 in freight charges. Union did not deny the validity of these charges but refused to pay them because of two claims for damages it had allegedly...

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