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ARNOLD J. RODIN, INC. v. ATCHISON, TOPEKA & SANTA FE RY. CO.

No. 72-2605.

477 F.2d 682 (1973)

ARNOLD J. RODIN, INC., Plaintiff-Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 30, 1973.

Attorney(s) appearing for the Case

John C. North, Jr., Corpus Christi, Tex., for plaintiff-appellant.

Joe B. Cunningham, Fort Worth, Tex., for defendant-appellee.

Before RIVES, GOLDBERG and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

Appellant Rodin, plaintiff below, sued the Atchison, Topeka & Santa Fe Railway Company to recover damages to 82 carloads of potatoes shipped out of Maine during May of 1968. The railroad filed a cross-action and counterclaim for freight charges. The jury found in favor of the defendant railroad on Rodin's damage claim. The trial judge rendered a verdict for the railroad on its cross-action...

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