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FEDERATED DEPARTMENT STORES, INC. v. BRINKE

Civ. No. 69-1021.

316 F.Supp. 1402 (1970)

FEDERATED DEPARTMENT STORES, INC., d/b/a Burdines, Plaintiff, v. Norman C. BRINKE and Florida East Coast Railway Company, a Florida corporation, jointly and severally, Defendants.

United States District Court, S. D. Florida.

August 22, 1970.

Attorney(s) appearing for the Case

Bernard C. Pestcoe, of Hollander & Pestcoe, Miami, Fla., for plaintiff.

John T. Bond and Richard B. Austin, Miami, Fla., for defendant Brinke.

Shutts & Bowen, Miami, Fla., for defendant Florida East Coast Railway.

MEMORANDUM OPINION

FULTON, Chief Judge.

This action arises under the Interstate Commerce Act, 49 U.S.C. § 20(11), commonly referred to as The Carmack Amendment. Jurisdiction is invoked pursuant to Title 28, Section 1337 of the United States Code.

The suit was brought by Federated Department Stores, Inc., d/b/a Burdines (Burdines) against Norman C. Brinke (Brinke) who is stipulated by the parties to be a "freight forwarder" under the Interstate...

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