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MERCHANDISE WAREHOUSE CO. v. A. B. C. FREIGHT FOR. CORP.

No. IP 57-C-2.

165 F.Supp. 67 (1958)

MERCHANDISE WAREHOUSE CO., Inc., a Corporation, Plaintiff, v. A. B. C. FREIGHT FORWARDING CORP.; Chicago Express, Inc.; Huber & Huber Motor Express, Inc.; Indianapolis-Kansas City Motor Express Co.; Michigan Motor Freight Lines, Inc., Defendants.

United States District Court S. D. Indiana, Indianapolis Division.

August 14, 1958.

Attorney(s) appearing for the Case

Cadick, Burns, Duck & Neighbours, Indianapolis, Ind., by Floyd W. Burns and William E. Roberts, Indianapolis, Ind., for plaintiff.

Rosenfeld, Wolfe & Allen, by Robert G. Wolfe, Terre Haute, Ind., for defendants.

Nathaniel T. Helman, New York City, of counsel, for A. B. C. Freight Forwarding Corp.

HOLDER, District Judge.

The parties filed an agreed statement of facts which together with the admitted allegations contained in the pleadings comprise the facts upon which the case was submitted to the Court for decision of the issues of the pleadings.

The plaintiff during the period of time from October 22, 1956 through December 14, 1956 was engaged in the public warehousing business in the City of Indianapolis, Indiana. In the normal operation

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