MEMORANDUM
DENNEY, District Judge.
On August 2, 1973, Conagra shipped several hopper cars full of wheat from Omaha, Nebraska to Tampa, Florida. The carrier of the wheat was the defendant, Burlington Northern, Inc. Four days later, the railroad cars derailed in Illinois. Several of the cars were damaged, and approximately 390,360 pounds of the grain were lost.
According to the uncontroverted affidavit of the supervisor of freight claims for Conagra...
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