PANTRY QUEEN FOODS v. LIFSCHULTZ FAST FREIGHT

No. 86-1057.

809 F.2d 451 (1987)

PANTRY QUEEN FOODS, INC., Plaintiff, v. LIFSCHULTZ FAST FREIGHT, INC., Defendant-Appellee, v. D'ALTERIO FOODS CORPORATION, Third-Party Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 15, 1987.


Attorney(s) appearing for the Case

Eric Schmalz, Palatine, Ill., for third-party defendant-appellant.

Scott W. Hoyne, Crotty & Hoyne, Chicago, Ill., for defendant-appellee.

Before CUDAHY, EASTERBROOK and RIPPLE, Circuit Judges.


EASTERBROOK, Circuit Judge.

Pantry Queen Foods loaned some pasta machines to D'Alterio Foods and later asked for their return. Pantry Queen hired Lifschultz Fast Freight to cart the machines from New York to Chicago in May 1981. The "shipper's load and count" bill of lading shows that D'Alterio loaded four machines onto Lifschultz's truck. When the machines were unloaded, Pantry Queen complained that one was missing. Lifschultz's driver verified that the shipment...

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