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HUBLER RENTALS, INC. v. ROADWAY EXP., INC.

No. 79-1110.

637 F.2d 257 (1981)

HUBLER RENTALS, INC. and Cyrus Gutman and Benson N. Schamblan, Receivers for Hubler Rentals, Inc., Debtor and I. Cyrus Gutman, Trustee for Hubler Rentals, Inc., Bankrupt, Appellees, v. ROADWAY EXPRESS, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 9, 1981.

Attorney(s) appearing for the Case

David F. Albright, Baltimore, Md. (Charles R. Moran, Franklin T. Caudill, Semmes, Bowen & Semmes, Baltimore, Md., on brief), for appellant.

Malcolm L. Lazin, Philadelphia, Pa. (Fell, Spalding, Goff & Rubin, Morris L. Chucas, Philadelphia, Pa., Michael A. Bloom, Wasserstrom & Chucas, Philadelphia, Pa., J. Cookman Boyd, Jr., James Whattam, Sauerwein, Boyd, Decker & Levin, Baltimore, Md., on brief), for appellees.

Before WINTER and SPROUSE, Circuit Judges, and HOFFMAN, Senior District Judge.

PER CURIAM:

In this diversity action, Hubler Rentals, Inc. (Hubler) sued Roadway Express, Inc. (Roadway) for wrongful termination of a contract under which Hubler leased motor vehicles to Roadway, a common carrier engaged in the interstate transportation of freight, for use by Roadway for local pickup and delivery. Roadway counterclaimed, alleging principally that Hubler had breached its obligation to maintain and service the vehicles in such a way as to enable Roadway...

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