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LARRY'S SANDWICHES, INC. v. PACIFIC ELECTRIC RAILWAY CO.

No. 18265.

318 F.2d 690 (1963)

LARRY'S SANDWICHES, INC., a California corporation, Appellant, v. PACIFIC ELECTRIC RAILWAY CO., a California corporation, Appellee.

United States Court of Appeals Ninth Circuit.

June 3, 1963.

Attorney(s) appearing for the Case

Russell & Schureman, Theodore W. Russell, and Greenberg, Shafton & Bernhard, Los Angeles, Cal., for appellant.

E. D. Yeomans and Walt A. Steiger, Los Angeles, Cal., for appellee.

Before JERTBERG and MERRILL, Circuit Judges, and WEIGEL, District Judge.

MERRILL, Circuit Judge.

Appellant is suing appellee railroad under the Carmack amendment to the Interstate Commerce Act, 49 U.S.C. § 20 (11), to recover for damages to a shipment of frozen sandwiches delivered by appellant to the railroad at Culver City, California, for shipment to Chicago. Upon arrival at Chicago it was discovered that some of the sandwiches were not in a frozen condition. The shipment was rejected by the consignee and returned by the railroad...

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