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PHILLIPS BROS. v. LOCUST INDUSTRIES, INC.

No. 84-1361.

760 F.2d 523 (1985)

PHILLIPS BROTHERS, DIVISION OF ENGELHARD MINERAL & CHEMICAL CO., and Derby & Co., Inc., Appellants, v. LOCUST INDUSTRIES, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 14, 1985.

Attorney(s) appearing for the Case

James D. Skeen, Baltimore, Md. (Constable, Alexander, Daneker & Skeen, Baltimore, Md., on brief), for appellants.

Robert J. Kopka, Chicago, Ill. (John F. Horvath, Chicago, Ill., John I. Tigert, VI, Washington, D.C., on brief), for appellee.

Before WINTER, Chief Judge, and RUSSELL and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge.

Plaintiffs, Phillips Brothers and Derby, appeal from the granting of motions for summary judgment by defendant, Locust Industries, Inc. Locust Industries is a warehouseman which acted as a bailee for two separate shipments of nickel owned by plaintiffs. Plaintiffs brought this action for negligence, breach of contract, and conversion after Locust discovered that portions of each shipment had been stolen. The trial judge granted Locust's motions...

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