HASTINGS, Chief Judge.
The Great Atlantic & Pacific Tea Company, Inc. (A & P) brought this action against The Atchison, Topeka and Santa Fe Railway Company (Santa Fe). It sought to recover damages alleged to have resulted from an unreasonable and unexcused delay of two days in a shipment of plums from California to New York.
The case was submitted to the district court for decision solely upon a stipulation of facts, briefs and oral argument of the...
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