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JOHN MORRELL & CO. v. FROZEN FOOD EXP., INC.

No. 81-1624.

700 F.2d 256 (1983)

JOHN MORRELL & CO., Plaintiff-Appellant, v. FROZEN FOOD EXPRESS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 4, 1983.

Attorney(s) appearing for the Case

Underwood, Wilson, Berry, Stein & Johnson, Josiah M. Daniel, III, Amarillo, Tex., for plaintiff-appellant.

Danny Needham, Amarillo, Tex., for defendant-appellee.

Before WISDOM, RUBIN and TATE, Circuit Judges.

PER CURIAM:

This case involves determining whether a common carrier, Frozen Food Express, or a packer-shipper, John Morrell & Co., will bear the loss for a load of beef that spoiled due to a malfunction in a trailer refrigeration unit. Frozen Food and other carriers spotted empty trailers at Morrell's facility for use in transporting carcass beef to Morrell's customers. On February 1, 1978, Morrell asked Frozen Food to transport a load of beef to Louisville, but...

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