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DELPHI FROSTED FOODS CORP. v. ILLINOIS CENT. R. CO.

No. 11193.

188 F.2d 343 (1951)

DELPHI FROSTED FOODS CORP. v. ILLINOIS CENT. R. CO.

United States Court of Appeals Sixth Circuit.

April 10, 1951.

Attorney(s) appearing for the Case

Adrian H. Terrell, Paducah, Ky., Terrell, Schultzman & Moore and Adrian H. Terrell, all of Paducah, Ky., on brief, for appellant.

James G. Wheeler, Paducah, Ky., Wheeler & Marshall and James G. Wheeler, all of Paducah, Ky., on brief, for appellee.

Before SIMONS, ALLEN and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

This case arises out of a controversy over alleged liability for damage to six cars of frozen fruit, consisting of strawberries, dewberries, blackberries, and peaches, shipped from Paducah, Kentucky, by appellant during July, 1945, over appellee's railroad and connecting carriers. Five of the cars were consigned to Jersey City and one to New Orleans. When the cars were inspected at destination cartons of berries were mashed and broken, cans which...

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