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JOHN MORRELL & CO. v. BURLINGTON NORTHERN, INC.

No. 76-2055.

560 F.2d 277 (1977)

JOHN MORRELL AND COMPANY, Plaintiff-Appellee, v. BURLINGTON NORTHERN, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 4, 1977.

Attorney(s) appearing for the Case

Barry N. Gutterman, Chicago, Ill., for defendant-appellant.

Marvin H. Ruttenberg, Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, SWYGERT and CUMMINGS, Circuit Judges.

PER CURIAM.

The question involved on this appeal is whether under the Carmack Amendment to the Interstate Commerce Act which provides that a shipper shall recover "the full actual loss, damage, or injury to [its] property caused by" a railroad (49 U.S.C. § 20(11)), it was permissible to apply the contract price method of ascertaining damages instead of the market value method.1 Liability...

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