Armour Research Foundation of Illinois Institute of Technology v. Chicago, Rock Island and Pacific Railroad Company

SWYGERT, Circuit Judge.

In our decision, 297 F.2d 176 (7th Cir. 1961), we remanded the case to the District Court to “make necessary findings vital to a decision of the cause.” The trial judge, in conformity with our mandate, set aside the original judgment; made additional findings of fact 1 and conclusions of law; and entered a new judgment for defendant. From this latter judgment plaintiff now appeals.

We believe the evidence and the reasonable inferences to be drawn therefrom warranted the trial judge in finding that plaintiff had failed to prove that the contents of the motor truck were in…