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FIRPINE PROD. CO. v. ATCHISON, TOPEKA & SANTA FE RY. CO.

Civ. No. 713.

124 F.Supp. 906 (1954)

FIRPINE PRODUCTS COMPANY, a corporation, Plaintiff, v. THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, a corporation, Defendant.

United States District Court W. D. Missouri, St. Joseph Division.

October 13, 1954.

Attorney(s) appearing for the Case

Joseph M. Garvey, St. Joseph, Mo., for plaintiff.

Lathrop, Righter, Blackwell & Parker, Sam Parker, Kansas City, Culver, Phillip, Kaufmann & Smith, Francis Smith, St. Joseph, Mo., for defendant.

DUNCAN, Chief Judge.

This is an action against a common carrier for damage to an interstate shipment of lumber which was inundated in the July, 1951 flood of the Kansas River in the Kansas City area. The lumber was loaded in railroad car L & N 48940 and was delivered by plaintiff to the Southern Pacific Railroad at Lakeview, Oregon on June 26, 1951 for transportation and delivery to plaintiff at Kansas City, Kansas, with a stopover for partial unloading at St...

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