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ALBION ELEVATOR v. CHICAGO & N.W. TRANSP. CO.

No. 58020.

254 N.W.2d 6 (1977)

ALBION ELEVATOR CO. et al., Appellants, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Appellee.

Supreme Court of Iowa.

May 25, 1977.

Attorney(s) appearing for the Case

Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, for appellants.

Gamble, Riepe, Burt, Webster & Fletcher, Des Moines, for appellee.

Heard before MOORE, C. J., and MASON, UHLENHOPP, HARRIS, and McCORMICK, JJ.

MASON, Justice.

On July 6, 1972, sixty grain dealers commenced an action in the Polk District Court against Chicago and North Western Transportation Company, a common carrier of grain, seeking to recover damages for grain lost between various points of departure and destination. Plaintiffs and defendant moved for summary judgment on one of the three theories of recovery asserted in the petition and the district court sustained defendant's motion. Plaintiffs appeal...

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