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BILTMORE MFG. CO. v. OVERNITE TRANSPORTATION CO.

Civ. A. No. 1660.

157 F.Supp. 891 (1958)

BILTMORE MANUFACTURING COMPANY, Inc., Plaintiff, v. OVERNITE TRANSPORTATION COMPANY, Inc., Defendant and Third-Party Plaintiff, Universal Carloading and Distributing Company, Inc., Third-Party Defendant.

United States District Court W. D. North Carolina, Asheville Division.

January 8, 1958.

Attorney(s) appearing for the Case

Harkins, Van Winkle, Walton & Buck, Herbert L. Hyde, Asheville, N. C., for plaintiff.

Uzzell & DuMont, Asheville, N. C., for Overnite Transp. Co., Inc.

Horton & Hyldburg, Asheville, N. C., for Universal Carloading & Distributing Co., Inc.

WARLICK, District Judge.

This action was filed by plaintiff against Overnite Transportation Company, Inc., under Sec. 20(11) of Title 49 U.S.C.A., on March 5, 1957. In it plaintiff seeks a recovery for damage to merchandise shipped to it by Sears, Roebuck and Company in Chicago. The amount sought as a recovery is $3,960.04.

Plaintiff is a North Carolina corporation and the defendant Overnite is incorporated under the laws of Virginia, and is a common carrier...

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