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SAM MILLER BAG CO. v. BURLINGTON NORTHERN, INC.

No. 80-1571.

641 F.2d 607 (1981)

SAM MILLER BAG COMPANY, Appellant, v. BURLINGTON NORTHERN, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 3, 1981.

Attorney(s) appearing for the Case

John D. Boelter, St. Paul, Minn., for appellee Burlington Northern, Inc.

Maslon, Edelman, Borman, Brand & McNulty, Marcy S. Wallace and Thomas H. Borman, Minneapolis, Minn., for appellant.

Before ROSS, HENLEY and McMILLIAN, Circuit Judges.

PER CURIAM.

Sam Miller Bag Company brought suit against Burlington Northern, Inc. under the Interstate Commerce Act to recover the value of four cut, fold and print presses which were damaged during interstate shipment. Purchase price of the presses was $3,000. Sam Miller Bag contended at trial that the purchase price was the result of a distress sale and that the actual value of the presses at the time they were damaged was $60,000. The district court found in favor...

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