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ATCHISON, T. & S. F. RY. CO. v. LITTLETON LEAS.

No. 77-1119.

582 F.2d 1237 (1978)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellee, v. LITTLETON LEASING AND INVESTMENT COMPANY, INC., Appellant.

United States Court of Appeals, Tenth Circuit.

Submitted and Decided September 6, 1978.

Attorney(s) appearing for the Case

James F. Howell, Howell, Webber & Sharpe, Midwest City, Okl., for appellant.

Michael Minnis, Rainey, Wallace, Ross & Cooper, Oklahoma City, Okl., for appellee.

Before SETH, Chief Judge, BARRETT and McKAY, Circuit Judges.

SETH, Chief Judge.

The Atchison, Topeka and Santa Fe Railway Company (Santa Fe), the plaintiff below, sued Littleton Leasing and Investment Company, Inc. (Littleton) for freight charges incurred for the transportation of five shipments. Littleton "crossclaimed" against Santa Fe for damages to the freight which we take to be a counterclaim under Fed.R.Civ.P. 13. Santa Fe moved for summary judgment on its complaint and on Littleton's counterclaim. The district court...

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