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HAMMOND LEAD PROD. v. NORFOLK & WESTERN

No. 4-1281A206.

454 N.E.2d 418 (1983)

HAMMOND LEAD PRODUCTS, Inc., Appellant (Plaintiff and Counter-Defendant below), v. NORFOLK & WESTERN Railway Co., Appellee and Cross-Appellant (Defendant and Counter-Claimant below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied September 14, 1983.

Attorney(s) appearing for the Case

Kenneth D. Reed, Hammond, for appellant.

Stephen R. Pennell, Stuart, Branigin, Ricks & Schilling, Lafayette, Peter C. Bomberger, Friedrich, Bomberger, Tweedle & Blackmun, Highland, for appellee and cross-appellant.

MILLER, Judge.

Appellant-plaintiff Hammond Lead Products, Inc. (Shipper) brought this action against appellee-defendant Norfolk & Western Railway Co. (Carrier) alleging Carrier failed to deliver a load of litharge pursuant to the bill of lading as contracted by the parties. Carrier counterclaimed, alleging Shipper negligently loaded its railroad car, resulting in damage to the car. The trial judge entered judgment against...

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