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THOUSAND SPRINGS TROUT FARMS v. IML FREIGHT, INC.

No. 75-1414.

558 F.2d 539 (1977)

THOUSAND SPRINGS TROUT FARMS, INC., a Corporation, Appellee, v. IML FREIGHT, INC., a corporation, Appellant.

United States Court of Appeals, Ninth Circuit.

July 29, 1977.

Attorney(s) appearing for the Case

William S. Richards, Gary A. Frank, argued, Richards & Richards, Salt Lake City, Utah, for appellant.

Elam, Burke, Jeppesen, Evans & Boyd, Gardner W. Skinner, Jr., argued, Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, Idaho, for appellee.

Before ELY and WALLACE, Circuit Judges, and BYRNE, District Judge.

ELY, Circuit Judge:

In this "diversity" action brought by a shipper (Thousand Springs) against a carrier (IML) for damage to a load of fresh trout, we attempt to apply well-settled principles of generally applicable law to an unusual fact situation involving perishable goods.

I.

Thousand Springs operates a trout farm and packing plant near Buhl, Idaho, and IML Freight is an interstate motor carrier of freight...

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