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SORENSEN-CHRISTIAN INDUS., INC. v. RAILWAY EXPRESS AG., INC.

No. 14368.

434 F.2d 867 (1970)

SORENSEN-CHRISTIAN INDUSTRIES, INCORPORATED, Appellee, v. RAILWAY EXPRESS AGENCY, INCORPORATED, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 30, 1970.

Attorney(s) appearing for the Case

Robert N. Simms, Jr., Raleigh, N. C., for appellant.

W. A. Johnson, Lillington, N. C., for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and CRAVEN, Circuit Judges.

WINTER, Circuit Judge:

Railway Express Agency, Inc. (REA) appeals from a judgment against it as a result of delay in the shipment of certain equipment for Sorensen-Christian Industries, Inc. (Sorensen). The district judge, sitting non-jury, found that the delay was caused by REA's failure to perform a "Protective Signature Service" for which Sorensen had paid an additional shipping charge. He concluded that REA could not avail itself of a limited liability provision...

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