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J. C. PENNEY CO. v. AMERICAN EXP. CO. INC.

No. 151, Docket 22549.

201 F.2d 846 (1953)

J. C. PENNEY CO., Inc. v. AMERICAN EXP. CO., Inc.

United States Court of Appeals Second Circuit.

Decided February 9, 1953.

Attorney(s) appearing for the Case

Atkins & Weymar, New York City, for appellant, Horace T. Atkins, New York City, of counsel.

Carter, Ledyard & Milburn, New York City, for appellee, Edwin H. Krom and Heywood Shelley, New York City, of counsel.

Before SWAN, Chief Judge, and CHASE and CLARK, Circuit Judges.

PER CURIAM.

The principal question presented by the appeal is whether the Express Company acted only as a forwarding agent or assumed the liabilities of a common carrier. There would be no occasion to add to Judge Goddard's able and thorough opinion, 102 F.Supp. 742, except for the fact that his opinion makes no reference to the case so strongly urged as controlling upon the appeal, namely, Reid v. Fargo, 241 U...

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