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PENNSYLVANIA R. CO. v. MUSANTE-PHILLIPS, INC.

No. 21885-S.

42 F.Supp. 340 (1941)

PENNSYLVANIA R. CO. v. MUSANTE-PHILLIPS, Inc.

District Court, N. D. California, S. D.

December 12, 1941.

Attorney(s) appearing for the Case

Single, Bryant, Cook and Hays, of San Francisco, Cal., for plaintiff.

Paul D. Holland, of Los Angeles Cal., for defendant.

JAMES ALGER FEE, District Judge.

The plaintiff sues to recover freight and other charges upon a car load of lettuce from Oxnard, California, by various diversions to Philadelphia, Pennsylvania, where the consignee rejected. Credit is given for the amount received upon sale after rejection.

Defendant filed answer containing (1) admissions and denials, (2) an affirmative defense, (3) a defense by way of counterclaim. Plaintiff has moved "to dismiss the answer...

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