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S. B. PENICK & CO. v. BLUE COMET EXPRESS, INC.

81 A.D.2d 505 (1981)

S. B. Penick & Company, Respondent, v. Blue Comet Express, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 2, 1981

In the event the conditions are complied with the matter is remanded for trial on the issue of damages only. In the event the conditions are not complied with, judgment is affirmed, with costs.

Plaintiff, a bulk producer of pharmaceuticals, sold certain products to a firm located in Fort Washington, Pennsylvania. The products were shipped from New Jersey via defendant, an interstate motor common carrier. The vehicle used...

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