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AM. TR. & STORAGE CO. v. BROWN

No. 19598.

584 S.W.2d 284 (1979)

AMERICAN TRANSFER AND STORAGE COMPANY, Appellant, v. Raymond J. BROWN, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied May 9, 1979.

Attorney(s) appearing for the Case

Duncan E. Boeckman, Golden, Potts, Boeckman & Wilson, Dallas, for appellant.

Carl David Adams, Dallas, for appellee.

Before GUITTARD, C. J., and AKIN and ROBERTSON, JJ.

GUITTARD, Chief Justice.

This suit was brought under the Texas Deceptive Trade Practices Act, Tex.Bus. & Comm.Code §§ 17.42-17.50 (Vernon Supp. 1979) for damages to household goods being shipped from Irving, Texas, to Fairbanks, Alaska. The trial court rendered judgment against the packer, who also acted as agent of the carriers, for treble damages and an attorney's fee. The principal question is whether the Texas Act is pre-empted by the Carmack Amendment...

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