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SEASON-ALL INDUSTRIES, INC. v. MERCHANT SHIPPERS

Civ. A. No. 74-264.

417 F.Supp. 998 (1976)

SEASON-ALL INDUSTRIES, INC., Plaintiff, v. MERCHANT SHIPPERS, Defendant and Third-Party Plaintiff, v. BREMAN'S EXPRESS, INC., et al., Third-Party Defendants.

United States District Court, W. D. Pennsylvania.

August 10, 1976.

Attorney(s) appearing for the Case

Paul H. Titus, Kaufman & Harris, Pittsburgh, Pa., for defendant and third-party plaintiff.

Thomas J. Reinstadtler, Jr., Egler, McGregor & Reinstadtler, Pittsburgh, Pa., for plaintiff.

Edward Goldberg and George H. Hoffman, Pittsburgh, Pa., for Breman's Express, Inc.

Gary F. Sharlock, Sharlock & Repcheck, Pittsburgh, Pa., for Baltimore & Ohio R. Co.

Aloysius F. Mahler, Pittsburgh, Pa., for Pa. R. Co. and Penn Central Transp. Co.

Frederick J. Francis, Meyer, Unkovic & Scott, Pittsburgh, Pa., for Burlington Northern, Inc.

Blair Griffith, U. S. Atty., Pittsburgh, Pa., for Alaska R. Co.

OPINION

WEBER, District Judge.

Plaintiff, a manufacturer of storm windows in Indiana, Pennsylvania, agreed with a contractor to furnish storm windows to be installed at Eielson Air Force Base, Fairbanks, Alaska. Plaintiff made arrangement with the defendant, Merchant Shippers, a freight forwarder, for shipment of said windows. The function of a freight forwarder is to arrange for the shipment of goods by various common carriers from the point of origin to...

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