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ACME FAST FREIGHT v. CHICAGO, M., ST. P. & P. R. CO.

No. 81, Docket 20756.

166 F.2d 778 (1948)

ACME FAST FREIGHT, Inc. v. CHICAGO, M., ST. P. & P. R. CO. et al.

Circuit Court of Appeals, Second Circuit.

March 1, 1948.

Attorney(s) appearing for the Case

Clark, Carr & Ellis, of New York City (Paul A. Crouch, of New York City, of counsel), for plaintiff.

Bleakley, Platt, Gilchrist & Walker, of White Plains, N. Y. (Joseph Walker, Roswell P. C. May and Dennis P. Donovan, all of New York City, of counsel), for Pennsylvania R. Co. and Loftin and Martin.

Thomas L. Ennis, of New York City, for Delaware & H. R. Co.

Rowland L. Davis, Jr., of New York City, for Chicago, M., St. P. & P. R. Co. and Delaware, La. & W. R. Co.

Pierce & Greer, of New York City (H. Brua Campbell, of New York City, of counsel), for Wabash R. Co.

Before SWAN, CHASE and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. This decision must turn on whether or not freight forwarders are to be considered receiving carriers under the conditions in this case for the purposes of Section 1013, 49 U.S.C.A.2 and the Carmack Amendment, 49 U.S.C.A. § 20(11)3 and 20(12).4 Prior to the enactment in 1942 of Part IV of the Interstate Commerce...

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