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CONTINENTAL CAN COMPANY v. EAZOR EXPRESS, INC.

No. 197, Docket 29536.

354 F.2d 222 (1965)

CONTINENTAL CAN COMPANY, Inc., Appellee, v. EAZOR EXPRESS, INC., Appellant.

United States Court of Appeals Second Circuit.

Decided December 27, 1965.

Attorney(s) appearing for the Case

Herbert Burstein, New York City, (Zelby & Burstein, New York City), for appellant.

Saul Goldstein, New York City (Max J. Gwertzman, New York City, of counsel), for appellee.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

PER CURIAM:

Eazor Express, Inc. ("Eazor") appeals from a judgment finding it negligent, after a non-jury trial, and awarding $10,539.81 to Continental Can Company, Inc. ("Continental") for damage to a shipment. We affirm.

Continental engaged Eazor, a common carrier, to transport by truck a bottle manufacturing machine weighing in excess of 25,000 pounds from Chicago, Ill. to Washington, Pa. During the journey, while...

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