OPINION
CAFFREY, District Judge.
This matter came before the Court upon defendant's motion for summary judgment. The following appears from the pleadings and the affidavits appended to the motion for summary judgment:
1. This action was brought pursuant to the provisions of 49 U.S.C.A. sec. 20 (11) for the recovery by plaintiff of $1,500, the amount of damages it allegedly suffered in the transportation by rail of a quantity of cantaloupes from California...
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