NATIONAL TRANSP., INC. v. INN FOODS, INC.

No. 86-2527.

827 F.2d 351 (1987)

NATIONAL TRANSPORTATION, INC., Appellee, v. INN FOODS, INC., d/b/a Inn Foods and U.S. Food Service, a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1987.


Attorney(s) appearing for the Case

T. Randall Wright of Omaha, Neb., for appellant.

David D. Begley, Omaha, Neb., for appellee.

Before McMILLIAN and JOHN R. GIBSON, Circuit Judges, and MURPHY, District Judge.


McMILLIAN, Circuit Judge.

Inn Foods, Inc., appeals from a final order entered in the District Court1 for the District of Nebraska dismissing its counter-claim against National Transportation, Inc. (National). Inn Foods sought damages suffered when it was forced to resell at a loss foods shipped by National because the foods were defrosted. The district court found in favor of National on its claim for transportation and other costs and...

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