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CONTINENTAL GRAIN CO. v. FRANK SEITZINGER STORAGE, INC.

No. 87-5113.

837 F.2d 836 (1988)

CONTINENTAL GRAIN COMPANY, v. FRANK SEITZINGER STORAGE, INC., Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, a/k/a Burlington Northern Railway, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 28, 1988.

Attorney(s) appearing for the Case

Roger C. Malm, Hallock, Minn., for appellant.

Barry McGrath, St. Paul, Minn., for appellee.

Before HEANEY, BOWMAN and WOLLMAN, Circuit Judges.

WOLLMAN, Circuit Judge.

Frank Seitzinger Storage, Inc., (Seitzinger) appeals from a summary judgment entered in favor of Burlington Northern Railroad Company (BN) on its claim that BN was liable for the loss of 926,520 pounds of wheat in transit. We reverse and remand.

I.

In November 1983, Seitzinger entered into a contract for the sale of 83,000 bushels of wheat to Continental Grain Company (Continental), the weight to be certified upon arrival...

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