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BROCKWAY-SMITH CO. v. BOSTON & MAINE CORP.

Civ. A. No. 74-5660-M.

497 F.Supp. 814 (1980)

BROCKWAY-SMITH COMPANY, Kemper Insurance Company, and Fireman's Fund American Insurance Company, Plaintiffs, v. BOSTON AND MAINE CORPORATION and Chicago-Milwaukee St. Paul & Pacific Railroad, Defendants.

United States District Court, D. Massachusetts.

July 23, 1980.

Attorney(s) appearing for the Case

George A. Sanker, Boston, Mass., for plaintiffs.

Richard J. Ferriter, James B. Winward, Boston, Mass., for defendants.

OPINION

WALTER E. HOFFMAN, Senior District Judge, Sitting by Designation.

This action involving interstate freight damage was filed by Brockway-Smith Company (Brockway) on December 11, 1974, under the provisions of the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 20(11), naming as defendants Boston and Maine Corporation (B & M), the destination carrier, and Chicago-Milwaukee St. Paul & Pacific Railroad (C-M), the carrier that...

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