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EASTERN MOTOR EXPRESS v. MASCHMEIJER

141 F.Supp. 477 (1955)

EASTERN MOTOR EXPRESS, Inc., Plaintiff, v. A. MASCHMEIJER, Jr., Inc., Defendant.

United States District Court S. D. New York.

September 13, 1955.

Attorney(s) appearing for the Case

Zelby & Burstein, New York City, Bernard Axler, New York City, of counsel, for plaintiff.

Jerome G. Greenspan, New York City, for defendant.

CONGER, District Judge.

This action was tried without a jury upon waiver of the parties in open court.

Plaintiff seeks judgment against defendant in the sum of $3,504.441 as a result of a certain occurrence which will be described hereafter.

There appears to be no substantial dispute of fact.

Plaintiff, an Indiana corporation, is, and was at the time of the carriage in suit, a common carrier by motor vehicle in...

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