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H.T. COKER CONST. CO. v. WHITFIELD TRANSP., INC.

No. 1236.

518 P.2d 782 (1974)

85 N.M. 802

H.T. COKER CONSTRUCTION CO., Plaintiff-Appellant, Cross-Appellee, v. WHITFIELD TRANSPORTATION, INC., Defendant-Appellee, Cross-Appellant.

Court of Appeals of New Mexico.

January 9, 1974.

Attorney(s) appearing for the Case

Wayne A. Jordan, Shipley, Durrett, Conway & Sandenaw, Alamogordo, for plaintiff-appellant.

S. Thomas Overstreet, Alamogordo, for defendant-appellee.

OPINION

WOOD, Chief Judge.

This appeal involves two claims of damage to merchandise shipped by the manufacturer in California to plaintiff in Alamogordo, New Mexico. Defendant is a common carrier "* * * operating pursuant to the laws of the United States and the regulations of the Interstate Commerce Commission." "* * * [U]nder federal law, in an action to recover from a carrier for damage to a shipment, the shipper establishes his prima facie case when...

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