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HUBLER RENTALS, INC. v. ROADWAY EXPRESS, INC.

Civ. A. No. 72-250-M.

459 F.Supp. 564 (1978)

HUBLER RENTALS, INC. and Cyrus Gutman and Benson N. Schamblan, Receivers for Hubler Rentals, Inc., Debtor, and I. Cyrus Gutman, Trustee for Hubler Rentals, Inc., Bankrupt, Plaintiffs, v. ROADWAY EXPRESS, INC., Defendant.

United States District Court, D. Maryland.

September 19, 1978.

Attorney(s) appearing for the Case

J. Cookman Boyd, Jr. and James P. Whattam, Baltimore, Md., and Malcolm L. Lazin and Morris L. Chucas, Philadelphia, Pa., for plaintiffs.

David F. Albright and Charles R. Moran, Baltimore, Md., for defendant.

OPINION

JAMES R. MILLER, Jr., District Judge.

This diversity of citizenship action is one which illustrates the dangers sometimes involved in attempting to be too shrewd in the exercise of a legitimate right. After carefully reviewing the thousands of pages of transcripts and exhibits in this case, the Court has concluded that the defendant, Roadway Express, Inc. (hereinafter referred to as "REX"), is liable to the plaintiff, Hubler Rentals, Inc. (hereinafter...

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