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PETER CONDAKES CO., INC. v. SOUTHERN PACIFIC CO.

Nos. 74-1606, 74-1607.

512 F.2d 1141 (1975)

PETER CONDAKES COMPANY, INC., Plaintiff-Appellee, v. SOUTHERN PACIFIC COMPANY et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 27, 1975.

Attorney(s) appearing for the Case

Anna M. Kelly, Chicago, Ill., for appellant.

Melvin S. Cahan, Chicago, Ill., for appellee.

Before HASTINGS, Senior Circuit Judge, SWYGERT and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

Plaintiff is a wholesale dealer in perishable produce and is located in Boston, Massachusetts. It sued the Penn Central Transportation Company, the delivering railroad, to recover the market loss it suffered on 21 separate carload shipments of perishable produce moving from various points in California, Arizona and Florida to plaintiff in the Boston area. The complaint was filed under Section 20(11) of the Interstate Commerce Act (49 U.S.C...

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