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FEDERATED DEPARTMENT STORES v. BRINKE

No. 71-1605 Summary Calendar.

450 F.2d 1223 (1971)

FEDERATED DEPARTMENT STORES, INC., d/b/a Burdines, Plaintiff-Appellee, v. Norman C. BRINKE, Defendant-Appellant, Florida East Coast Railway Co., etc., Defendant.

United States Court of Appeals, Fifth Circuit.

September 20, 1971.

Attorney(s) appearing for the Case

Richard B. Austin, Miami, Fla., for defendant-appellant.

Jerome H. Shevin, Bernard C. Pestcoe, Pozen Pestcoe Gold & Gold, and Shevin & Shevin, Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, INGRAHAM and RONEY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

The sole issue in this case is whether the notation "shipper's load and count" (SLC) on a uniform straight bill of lading vitiates Carmack Amendment liability1 and exculpates the carrier from his negligence in providing an inadequate trailer for transporting a shipment in interstate commerce. Finding that no such result was intended or follows from the SLC provisions of the Bills of Lading Act

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