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WESTERN TRANSP. CO. v. WEBSTER CITY IRON

No. 80-2312.

657 F.2d 116 (1981)

WESTERN TRANSPORTATION COMPANY, Debtor in Possession, Plaintiff-Appellant, v. WEBSTER CITY IRON & METAL CO., INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 1981.

Attorney(s) appearing for the Case

Abraham A. Diamond, Abraham A. Diamond, Ltd., Chicago, Ill., for plaintiff-appellant.

James C. Hardman, Law Office of James C. Hardman, Chicago, Ill., for defendant-appellee.

Before BAUER, Circuit Judge, PECK, Senior Circuit Judge, and CUDAHY, Circuit Judge.

PECK, Senior Circuit Judge.

This case presents two issues for review. First, whether a shipper of scrap metal, Webster City Iron & Metal Co., Inc., was entitled to ship at the tariff rate provided by ICC MWB 201-B, Item 4540, even though Webster failed to endorse pertinent bills of lading with the notation required by Item 578(1) of Tariff ICC MWB 125-D, a prerequisite for application of Item 4540. Second, in the event that Webster was not entitled to the tariff...

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