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ASHWORTH v. WELLS CARGO, INC.

Civ. Nos. 36330, 38467.

189 F.Supp. 731 (1961)

Josephine D. ASHWORTH, Rulin C. Ashworth, R. Clyde Ashworth, Jr., and R. Glen Ashworth, individually and doing business as partners under the name of Ashworth Transfer, and Ashworth Transfer, Inc., a corporation, Plaintiffs, v. WELLS CARGO, INC., a corporation, Defendant and Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant. Josephine D. ASHWORTH, Rulin C. Ashworth, R. Clyde Ashworth, Jr., and R. Glen Ashworth, individually and doing business as partners under the name of Ashworth Transfer, and Ashworth Transfer, Inc., a corporation, Plaintiffs, v. UNITED STATES of America, Defendants.

United States District Court N. D. California, S. D.

January 6, 1961.

Attorney(s) appearing for the Case

Derby, Cook, Quinby & Tweedt, San Francisco, Cal., for plaintiffs.

D. Ralph Cesari, San Francisco, Cal., for defendant and third-party plaintiff.

Laurence E. Dayton, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for defendant United States.

ROCHE, District Judge.

These two actions were tried and submitted together. Jointly, they present the question of liability among the parties involved for damages suffered by plaintiff.

Ashworth and Wells Cargo, both common carriers doing business by motor truck in interstate commerce, contracted with shipper United States to transport a load of rockets from the Sierra Ordnance Depot at Herlong, California to Yuma City, Arizona. Three trucks— each consisting...

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