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CONTEMPO METAL FURN., ETC. v. EAST TEX. MTR., ETC.

No. 79-3425.

661 F.2d 761 (1981)

CONTEMPO METAL FURNITURE CO. OF CALIFORNIA, a Calif. corp., Plaintiff-Appellee, v. EAST TEXAS MOTOR FREIGHT LINES, INC., dba ETMF Freight System, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1981.

Attorney(s) appearing for the Case

Kelly J. Mullins, Knapp, Gorssman & Marsh, Los Angeles, Cal., for defendant-appellant.

Jeffrey C. Freedman, Goldstein, Freedman & Klepetar, Los Angeles, Cal., for plaintiff-appellee.

Before CHOY, Circuit Judge, KASHIWA, Court of Claims Judge, and NORRIS, Circuit Judge.

KASHIWA, Court of Claims Judge.

This is an action under the Interstate Commerce Act for damages arising out of ETMF Freight System's delivery of steel tubing to Contempo Metal Furniture Company in a rusted and pitted condition. ETMF appeals the district court's judgment for Contempo, arguing that: (1) the court erred in awarding Contempo damages for freight charges paid to ETMF and labor expended in attempting to use the tubing in manufacture; and (2) the court abused...

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