W. A. STACKPOLE MOTOR TRANSP. v. MALDEN SPIN. & DYE. CO.

Nos. 5375, 5376.

263 F.2d 47 (1958)

W. A. STACKPOLE MOTOR TRANSPORTATION, INC., Defendant, Appellant, v. MALDEN SPINNING & DYEING COMPANY et al., Appellees. W. A. STACKPOLE MOTOR TRANSPORTATION, INC., Defendant, Appellant, v. Raymond T. SCHUBERT, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

December 26, 1958.


Attorney(s) appearing for the Case

Michael T. Prendergast, Boston, Mass., for appellant.

Herbert B. Ehrmann, Boston, Mass., with whom Edward L. LaVine and Goulston & Storrs, Boston, Mass., were on brief, for Malden Spinning & Dyeing Co., appellee.

Paul J. Kirby, Boston, Mass., with whom Kneeland & Splane, Boston, Mass., was on brief, for Raymond T. Schubert and David A. Graham, appellees.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


WOODBURY, Circuit Judge.

Malden Spinning & Dyeing Company, a Massachusetts corporation, purchased a used textile machine known as a Manayunk Tiger, and some other minor items of textile manufacturing equipment, from a concern in Philadelphia, Pennsylvania, and arranged with David Graham, a citizen of Pennsylvania engaged in the business of a common carrier by motor vehicle, to transport the machinery from Philadelphia to Malden's plant in Lawrence, Massachusetts...

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