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McDOWELL ASSOCIATES v. PENNSYLVANIA RAILROAD

151 F.Supp. 894 (1957)

McDOWELL ASSOCIATES, Inc., Plaintiff, v. The PENNSYLVANIA RAILROAD, Defendant.

United States District Court S. D. New York.

June 10, 1957.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for plaintiff. Henry J. Bogatko, William M. Keegan, New York City, of counsel.

Bleakley, Platt, Gilchrist & Walker, New York City, for defendant. Dennis P. Donovan, Robert L. Conkling, New York City, of counsel.

SUGARMAN, District Judge.

Between November 17, 1950 and January 10, 1951 the plaintiff, McDowell Associates, Inc. (hereinafter referred to as McDowell), as consignor, shipped from Newark, N. J., 23 carloads of carpet manufacturing machinery and equipment consigned to Herbert J. Potts and/or Rhodes Wasson (hereinafter referred to as Potts and Wasson), agents, at Greenville, Mississippi. It is claimed that the contents of 13 of the carloads were damaged to the extent...

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