Legal Opinion

Union Pacific Railroad Company, a Corporation v. Ore-Ida Potato Products, Inc., a Corporation

Court of Appeals for the Ninth Circuit

Decided March 27, 1958No. 15582_1PublishedCited by 8 opinions

1Opinion of the Court

HAMLEY, Circuit Judge.

Union Pacific Railroad Company brought this action to recover asserted undercharges for the transportation of frozen French fried potatoes. The defendant shipper, Ore-Ida Potato Products, Inc., denied that there were undercharges. It also counterclaimed to recover alleged overcharges for other shipments of the same commodity.

The court, which tried the case without a jury, found for defendant on both the complaint and counterclaim. Judgment in the sum of $5,331.24 was entered for Ore-Ida Potato Products, Inc. Union Pacific appeals.

The question for determination is whether…

2Cases cited4 opinions

  1. Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
  2. United States v. Strickland Transp. Co., IncCourt of Appeals for the Fifth Circuit · 1953
  3. Navigazione Generale Italiana v. L. Hirshberg & Co.District Court, E.D. New York · 1930
  4. West Coast Products Corporation v. Southern Pacific Company, a CorporationCourt of Appeals for the Ninth Circuit · 1955

3Cited by8 opinions

  1. Penn Central Company v. General Mills, Inc.Court of Appeals for the Eighth Circuit · 1971
  2. Emery Air Freight Corp. v. United StatesUnited States Court of Claims · 1974
  3. Milne Truck Lines, Inc. v. Makita U.S.A., Inc.Court of Appeals for the Ninth Circuit · 1992
  4. James P. Mitchell, Secretary of Labor, United States Department of Labor v. Oregon Frozen Foods Company and Ore-Ida Potato Products, Inc.Court of Appeals for the Ninth Circuit · 1958
  5. Halstead v. Norfolk & Western Railway Co.District Court, S.D. West Virginia · 1964

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