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GREAT ATLANTIC & PACIFIC TEA CO. v. ATCHISON, T. & S. F. RY. CO.

No. 57 C 745.

224 F.Supp. 903 (1964)

The GREAT ATLANTIC & PACIFIC TEA COMPANY, Inc., Plaintiff, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Defendant.

United States District Court N. D. Illinois, E. D.

January 6, 1964.

Attorney(s) appearing for the Case

Hopkins, Sutter, Owen, Mulroy & Wentz, Chicago, Ill., Thomas R. Mulroy, Daniel Walker, Chicago, Ill., Fred E. Campbell, New York City and E. J. Donahue, Chicago, Ill., of counsel, for plaintiff-appellant.

Floyd J. Stuppi, John J. Schmidt, William J. O'Brien, Jr., Sidley, Austin, Burgess & Smith, Chicago, Ill., for defendant.

CAMPBELL, Chief Judge.

This cause, a claim for damages by plaintiff, The Great Atlantic and Pacific Tea Company, Inc., against defendant, The Atchison, Topeka and Santa Fe Railway Company alleging unreasonable and unexcused delay in a shipment, having come on for trial upon a stipulation of facts, is presently before me upon the briefs of the parties.

The facts are as follows: Plaintiff Great Atlantic & Pacific Tea Company (hereinafter referred to as ...

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