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G & T TRUCKING CO. v. GFI AMERICA, INC.

No. C0-95-262.

535 N.W.2d 658 (1995)

G & T TRUCKING CO., Respondent, v. GFI AMERICA, INC., a/k/a Goldberger Foods, Defendant and Third-Party Plaintiff, Appellants, v. Angelo PEREZ, Third-Party Defendant.

Court of Appeals of Minnesota.

August 8, 1995.

Attorney(s) appearing for the Case

Frank R. Berman, Sandra K. Kensy, Minneapolis, for appellants.

Michael C. Glover, Minneapolis, for respondent.

Considered and decided by CRIPPEN, P.J., and HARTEN, and SCHULTZ, JJ.

OPINION

CRIPPEN, Judge.

Respondent G & T Trucking, Inc. sued appellant Goldberger Foods for interstate shipping charges. At the close of respondent's case in chief, Goldberger moved for a directed verdict on the grounds that respondent's failure to prove its filed tariff rate constituted the omission of an essential element of its case. The trial court denied the motion and the jury later returned a...

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