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BLANCHETTE v. CATALDO

Nos. 83-1528 to 83-1530.

734 F.2d 869 (1984)

Robert W. BLANCHETTE, et al., Trustees of the Penn Central Transportation Company, Plaintiffs, Appellants, v. John M. CATALDO, et al., Defendants, Appellees. Robert W. BLANCHETTE, et al., Trustees of the Penn Central Transportation Company, Plaintiffs, Appellees, v. John M. CATALDO, d/b/a National Freight Traffic Service, Defendant, Appellant. Robert W. BLANCHETTE, et al., Trustees of the Penn Central Transportation Company, Plaintiffs, Appellees, v. John M. CATALDO, et al., Defendants, Appellees. Community-Suffolk, Inc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 16, 1984.

Attorney(s) appearing for the Case

John R. Hally, P.C., Boston, Mass., with whom Laurence H. Reece III, R. Reed Baer, Nutter, McClennen & Fish, Boston, Mass., Bernard G. Heinzen, and Stassen, Kostos & Mason, P.C., Philadelphia, Pa., were on brief, for Robert W. Blanchette, et al.

Frank Infelise, Lynn, Mass., with whom Infelise & Strout, P.C., Lynn, Mass., was on brief, for Community-Suffolk, Inc.

Alan L. Lewis, Boston, Mass., with whom Lewis & Lewis, Boston, Mass., was on brief, for Mut. Produce, Inc.

Morris M. Goldings, Boston, Mass., with whom Richard S. Jacobs and Mahoney, Hawkes & Goldings, Boston, Mass., were on brief, for John M. Cataldo, d/b/a Nat. Freight Traffic Service.

Before COFFIN, BOWNES and BREYER, Circuit Judges.

BREYER, Circuit Judge.

This case arises out of some 13,000 law suits that defendant Cataldo filed between 1970 and 1978 against the Penn Central and other railroads. Cataldo is a freight claims agent, not a lawyer. He filed claims on behalf of freight receivers. The claims almost uniformly alleged that fresh vegetables, particularly lettuce, arrived late in Boston, their condition was poor, and the market price had dropped. For many years the railroads simply settled...

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