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AMERICAN TRUCKING CO. v. IOWA BEEF PROCESSORS

No. 5511.

607 S.W.2d 307 (1980)

AMERICAN TRUCKING COMPANY, INC. v. IOWA BEEF PROCESSORS, INC.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied November 13, 1980.

Attorney(s) appearing for the Case

James M. Stewart, Smith, Smith, Dunlap & Canterbury, Cecil M. Arnold, Dallas, for appellant.

Marvin W. Jones, Gibson, Ochsner & Adkins, Amarillo, for appellee.

McCLOUD, Chief Justice.

The issue is whether the common law liability of a common carrier is reduced to that of a warehouseman upon postponement of acceptance by the consignee following a proper tender by the carrier.

Iowa Beef Processors, Inc., shipper, sued the common carrier, American Trucking Company, seeking damages for spoiled meat discovered by the consignee, Standard Meat Company, while its employees were unloading the carrier's refrigerated trailer...

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