Sunset Motor Lines v. Lu Tex Packing

Citation: Sunset Motor Lines, Inc. v. Lu Tex Packing Co., 256 F.2d 495 (5th Cir. 1958).

Lu Tex brought an action in negligence against Sunset, a truck carrier, for the total loss of a shipment of beef. Lu Tex attempted to introduce into evidence an IBM punch card prepared by the Department of Agriculture, which was normally used for accounting purposes, that stated that the beef was ruined. Sunset objected to the evidence on the ground it was not a business record.

The circuit affirmed the trial court's exclusion of the evidence. It reasoned that even if the card were a record within 28 U.S.C. §§1731 et seq., it was not certified as required by Fed. R. Civ. P.

44(a), and was properly excluded.