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A.T. CLAYTON & CO. v. MISSOURI-KANSAS-TEXAS R.R. CO.

No. 88-2962.

901 F.2d 833 (1990)

A.T. CLAYTON & CO., INC., Plaintiff-Appellee, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 10, 1990.

Attorney(s) appearing for the Case

Timothy T. Trump and Frances J. Stanton of Comfort, Lipe & Green, P.C., Tulsa, Okl., on the brief, for plaintiff-appellee.

James L. Kincaid, M.E. McCollam, and Mary Kay Morrissey of Conner & Winters, Tulsa, Okl., on the briefs, for defendant-appellant.

Before SEYMOUR, MOORE and BRORBY, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

Defendant-appellant, Missouri-Kansas-Texas Railroad Company, appeals an order of the district court awarding attorney fees to plaintiff-appellee, A.T. Clayton & Co., Inc., in this action brought under the Carmack Amendment to the Interstate Commerce Act. Because we conclude that under Missouri, Kansas & Texas Ry. v. Harris, 234 U.S. 412, 34 S.Ct. 790, 58 L.Ed. 1377 (1914), the Oklahoma attorney...

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