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CONDAKES v. SMITH

Civ. A. No. 67-957-J.

281 F.Supp. 1014 (1968)

George CONDAKES et al., doing business as Peter Condakes Company, Plaintiff, v. Richard Joyce SMITH and William J. Kirk, Trustees of the New York, New Haven and Hartford Railroad Company, Debtor in Reorganization, Defendants.

United States District Court D. Massachusetts.

March 22, 1968.

Attorney(s) appearing for the Case

Frank Infelise, Jr., Infelise & Strout, Lynn, Mass., for plaintiff.

John A. Briggs, Boston, Mass., for defendants.

MEMORANDUM

JULIAN, District Judge.

Plaintiffs brought this suit under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 20(11), against defendants as a delivering carrier for loss resulting from alleged damage inflicted in transit to a shipment of cantaloupes under a uniform straight bill of lading.

The matter is before the Court on defendants' motion to dismiss the complaint for...

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