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CARGILL, INC. v. THE FRANK A. LOWERY

Civ. No. 5017.

159 F.Supp. 133 (1957)

CARGILL, Inc., Libellant, v. THE FRANK A. LOWERY and Frank A. Lowery, THE ELLEN S. BOUCHARD, THE ELLEN BOUCHARD, Inc., and Bouchard Transportation Co., Inc., Claimant-Respondents, and Inland Survey Bureau, Inc., Respondent-Impleaded.

United States District Court N. D. New York.

June 4, 1957.

Attorney(s) appearing for the Case

Atkins & Weymar, New York City, Horace T. Atkins, New York City, of counsel, for libellant.

Krisel, Beck & Taylor, New York City, Max Taylor, New York City, of counsel, for claimant-respondents.

FOLEY, District Judge.

The Report of the Commissioner as it covers his determination upon reference of the money damages to be paid libellant Cargill, Inc., by claimant-respondents Bouchard, has written exceptions filed to it by both sides. In my judgment, the exceptions of Cargill, which relate mainly to the reasoning by the Commissioner as to the failure of Cargill to minimize damages, are well taken and must be sustained. Such reasoning led to a most drastic reduction...

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