NORTH AM. PHILLIPS CORP. v. EMERY AIR FREIGHT CORP.

No. 385, Docket 77-7379.

579 F.2d 229 (1978)

NORTH AMERICAN PHILLIPS CORPORATION, Plaintiff-Appellant, v. EMERY AIR FREIGHT CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 17, 1978.


Attorney(s) appearing for the Case

C. Raymond Nelson, New York City, Rein, Mound & Cotton, New York City, for plaintiff-appellant.

John V. McAuliffe, New York City, Bigham, Englar, Jones & Houston, New York City, for defendant-appellee.

Before OAKES, VAN GRAAFEILAND, Circuit Judges, and BARTELS, District Judge.


VAN GRAAFEILAND, Circuit Judge:

In 1971, North American Phillips (Norelco) retained Emery Air Freight1 to ship 1250 cartons of electric razors from a warehouse in Nevada to Norelco's Long Island plant. Because Emery had no facilities or personnel in Nevada, it used Parcel Delivery Service of Reno, Nevada, as its agent. On November 3, 1971, a Service representative went to the warehouse to check and label the cargo. He received and signed...

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