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MATTEL, INC. v. INTERSTATE CONTRACT CARRIER CORP.

No. 30, Docket 83-7243.

722 F.2d 17 (1983)

MATTEL, INC., Plaintiff-Appellant, v. INTERSTATE CONTRACT CARRIER CORP., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 22, 1983.

Order on Rehearing December 27, 1983.

Attorney(s) appearing for the Case

Max J. Gwertzman, New York City (Gwertzman, Pfeffer, Toker & Lefkowitz, New York City, of counsel), for plaintiff-appellant.

Seymour J. Ugelow, New York City (Rein, Mound & Cotton, New York City, of counsel), for defendant-appellee.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and BRIEANT, District Judge.

OAKES, Circuit Judge:

This diversity case involves the question whether the risk of loss in respect to certain goods to be transported falls on Mattel, Inc. ("Mattel"), the manufacturer/distributor, and here shipper, or on Interstate Contract Carrier Corp. ("Interstate"), the contract carrier. The United States District Court for the Southern District of New York, Morris E. Lasker, Judge, held that the risk of loss, in this...

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