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UNION PAC. RR v. STADELMAN FRUIT

No. 1292-3.

13 Wn. App. 824 (1975)

537 P.2d 1076

UNION PACIFIC RAILROAD COMPANY, Appellant, v. STADELMAN FRUIT, INC., Respondent.

The Court of Appeals of Washington, Division Three.

July 2, 1975.

Attorney(s) appearing for the Case

David L. Broom and Hamblen, Gilbert & Brooke, P.S., for appellant.

Douglas A. Wilson and Wilson & Flower, for respondent.

GREEN, J.

Plaintiff, Union Pacific Railroad Co., commenced this action to recover additional freight charges in the amount of $125.48 against the defendant, Stadelman Fruit, Inc. Summary judgment was entered in favor of defendant and plaintiff appeals.

Two issues are presented: (1) Is the defense of estoppel available to a shipper in an action by a carrier to collect outstanding freight charges? and (2) If available...

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