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CDS v. ZURICH INS. CO.

862 A.2d 560 (2004)

373 N.J. Super. 480

CUSTOMIZED DISTRIBUTION SERVICES, Plaintiff-Appellant, v. ZURICH INSURANCE COMPANY and Campbell Soup Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 2004.

Attorney(s) appearing for the Case

Kenneth R. Rothschild, Bridgewater, argued the cause for appellant (Golden, Rothschild, Spagnola, Lundell, Levitt & Boylan attorneys; Mr. Rothschild, of counsel; Julia C. Talarick, on the brief).

William J. Schmidt, Pennsylvania, PA, argued the cause for respondent (White and Williams, attorneys; Edward M. Koch, on the brief).

Before Judges KESTIN, ALLEY and FALCONE.

The opinion of the court was delivered by

ALLEY, J.A.D.

In June 2000, Campbell Soup Company (Campbell) filed a complaint against Customized Distribution Services, Inc. (CDS) which operated a warehouse in Wharton, New Jersey. The claim arose from the warehousing of a Campbell beverage product named "Splash." According to Campbell, CDS failed to rotate and ship the Splash in a timely manner and was liable for Campbell's resultant damages, including those flowing...

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