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MIDWEST EMERY FREIGHT SYSTEM v. IMC, INC.

No. 3-675A114.

363 N.E.2d 1078 (1977)

MIDWEST EMERY FREIGHT SYSTEM, Inc., Defendant-Appellant, v. IMC, INC., Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

June 23, 1977.

Attorney(s) appearing for the Case

Charles H. Grodnick, Elkhart, for defendant-appellant.

William D. Bontrager, Bontrager, Spahn, Atwater & Arko, Elkhart, for plaintiff-appellee.

GARRARD, Judge.

A consignor (IMC) brought this action against a carrier (Midwest) for damages caused by delay and injury to goods being returned to it by the consignee. The trial court awarded damages of $3,178.50. We find that damages should be reduced to $3,037.38 and the judgment affirmed in that amount.

IMC had a contract to manufacture 3,000 steel truck-roof support bows for Gindy Manufacturing Corp., the consignee. On January 20, 1972 IMC shipped the...

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