MASONITE CORP. v. NORFOLK & WESTERN RY. CO.

Nos. 78-1061, 78-1062.

601 F.2d 724 (1979)

MASONITE CORPORATION, Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, Appellant. MASONITE CORPORATION, Appellant, v. NORFOLK AND WESTERN RAILWAY COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 1979.


Attorney(s) appearing for the Case

Richard S. M. Emrich, III, Chicago, Ill. (Harold E. Spencer, Belnap, McCarthy, Spencer, Sweeney & Harkaway, Chicago, Ill., Leonard D. Levine, Levine & Friedman, Virginia Beach, Va., on brief), for Masonite Corp.

Gerald P. Rowe, Norfolk, Va. (Kenneth H. Lambert, Jr., Williams, Worrell, Kelly & Greer, Norfolk, Va., on brief), for Norfolk and Western Ry. Co.

Before HAYNSWORTH, Chief Judge, and BUTZNER and HALL, Circuit Judges.


BUTZNER, Circuit Judge:

Masonite Corporation appeals a judgment that denied its claim against Norfolk & Western Railway Company for damage to a shipment of plywood and granted Norfolk & Western's counterclaim for damage to railroad equipment and the cost of clearing debris from a derailment. We affirm in part, vacate in part, and remand the case for further consideration.

The damage to each party occurred because two badly packed containers of plywood...

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