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LUNDGREN v. WESTERN UNION TELEGRAPH COMPANY

Civ. No. 7538.

132 F.Supp. 933 (1955)

James LUNDGREN d/b/a Pacific Construction Company, Plaintiff, v. The WESTERN UNION TELEGRAPH COMPANY, Defendant.

United States District Court D. Oregon.

May 27, 1955.

Attorney(s) appearing for the Case

Seymour L. Coblens, Portland, Or., for plaintiff.

Edgar Freed, Portland, Or., for defendant.

SOLOMON, District Judge.

Plaintiff filed an action for damages against Western Union, claiming that by reason of the latter's negligent failure to deliver a telegram by a particular time he has suffered damages in the sum of $16,423.58. The defendant denies any negligence or breach of a specific agreement to deliver this message. As a special defense, the defendant alleges that under the terms of defendant's standard message contract, printed on the back of all telegraph...

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