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CONSOLIDATED PACKING CO. v. CAPITOL PACKING COMPANY

Nos. 6959, 6960.

389 F.2d 505 (1968)

CONSOLIDATED PACKING CO., Inc., Defendant, Appellant, v. CAPITOL PACKING COMPANY et al., Appellees. The TRAVELERS INDEMNITY COMPANY, Third-Party Defendant, Appellant, v. Richard Joyce SMITH et al., Trustees et al., Appellees.

United States Court of Appeals First Circuit.

January 25, 1968.

Attorney(s) appearing for the Case

Louis A. Zonderman, Boston, Mass., for appellants.

John A. Briggs, Mansfield, Mass., with whom Edmund M. Sweeney, Boston, Mass., was on brief, for Richard Joyce Smith and others, appellees.

Charles E. Colson, Milton, Mass., with whom Cargill, Masterman, Redmond & Cahill, Boston, Mass., was on brief, for Capitol Packing Co., appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This is a diversity action brought by a dealer in meat products, Capitol Packing Company (Capitol), against (1) the trustees of the New York, New Haven and Hartford Railroad (Railroad); (2) Capitol's Boston customer, Consolidated Packing Co., Inc. (Consolidated); and (3) Consolidated's surety, The Travelers Indemnity Company (Travelers), for the price of a trailer load of beef delivered to Consolidated from the Railroad's Boston ramp by a Boston...

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