F. J. McCARTY CO. v. SOUTHERN PACIFIC COMPANY

No. 23492.

428 F.2d 690 (1970)

F. J. McCARTY CO., Inc., Plaintiff-Appellee, v. SOUTHERN PACIFIC COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 15, 1970.


Attorney(s) appearing for the Case

Frederick E. Fuhrman (argued), Waldron A. Gregory, San Francisco, Cal., for defendant-appellant.

William H. King (argued), of Hamilton & King, San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY, KILKENNY and TRASK, Circuit Judges.


TRASK, Circuit Judge:

This is an appeal by Southern Pacific Company, an interstate carrier, from a judgment awarding damages to F. J. McCarty Co., Inc., arising out of Southern Pacific's delivery of two damaged cargoes of grapes.

The facts of the case are set out in detail in the District Court's opinion reported at 289 F.Supp. 875 (N.D.Cal. 1968). They may be summarized as follows: On June 27, 1966, McCarty, an exporter...

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