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SHIPPERS SERV. CO. v. NORFOLK & WESTERN RY. CO.

No. 75-1353.

528 F.2d 56 (1976)

SHIPPERS SERVICE COMPANY, a partnership, Plaintiff-Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 22, 1976.

Rehearing and Rehearing Denied February 23, 1976.

Attorney(s) appearing for the Case

Melvin S. Cahan, Merwin R. Burman, Chicago, Ill., for plaintiff-appellant.

Marvin F. Metge, Chicago, Ill., for defendant-appellee.

Before CUMMINGS, ADAMS, and SPRECHER, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 23, 1976.

CUMMINGS, Circuit Judge.

Plaintiff, a carlot receiver and jobber of perishable produce at the Detroit [Michigan] Union Produce Terminal ("Terminal"), sued under the Carmack Amendment of the Interstate Commerce Act (49 U.S.C. § 20(11)) to recover damages for the allegedly tardy delivery of 105 shipments of fruits and vegetables from the West Coast and Arizona. Plaintiff claimed some $35,000 in damages...

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