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NORTH COAST MFG. CORP. v. UNION PACIFIC RAILROAD CO.

Civ. No. 221-59.

185 F.Supp. 287 (1960)

NORTH COAST MANUFACTURING CORPORATION, an Oregon corporation, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a Utah corporation, Defendant.

United States District Court D. Oregon.

March 25, 1960.

Attorney(s) appearing for the Case

Morris J. Galen, Portland, Or., for plaintiff.

Randall B. Kester and Robert B. Batchelder, Portland, Or., for defendant.

SOLOMON, Chief Judge.

This is an action by a shipper against the Union Pacific Railroad for failure to collect C.O.D. charges on two shipments of heating equipment.

The two shipments were delivered to defendant's truck drivers in October and December, 1957, together with bills of lading printed by plaintiff bearing a C. O.D. notation in a place other than that authorized by defendant's tariff.

Plaintiff alleges that the "truck drivers were informed...

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