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INT. BUS. MACH. v. ROOT'S EXP.

68 Misc.2d 347 (1971)

International Business Machines Corporation, Plaintiff, v. Root's Express, Inc., et al., Defendants.

County Court, Broome County.

December 1, 1971

Attorney(s) appearing for the Case

Chernin & Gold (John Rittinger of counsel), for plaintiff. Levene, Gouldin & Thompson (John Carlin of counsel), for Roadway Express, Inc., defendant. Coughlin, Dermody & Guy (Robert J. Smith of counsel), for Root's Express, Inc., defendant.

STEPHEN SMYK, J.

The plaintiff, International Business Machines Corporation (IBM) purchased two laminar flow boxes for use in its Glendale facility at Endicott, New York. These were separately crated and shipped by the Westinghouse Corporation from its plant in Grand Rapids, Michigan; each weighed about 2,400 pounds.

Defendant, Roadway Express, Inc., transported these large crates by truck from Michigan...

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