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FOREST NURSERY COMPANY v. CRETE CARRIER CORPORATION

Civ. A. No. 991.

319 F.Supp. 213 (1970)

FOREST NURSERY COMPANY, Inc., Plaintiff, v. CRETE CARRIER CORPORATION, Defendant and Third-Party Plaintiff, and Jerry E. Ramsey, Defendant, v. Mike KOSISEK d/b/a Friend Truck Line, Third-Party Defendant.

United States District Court, E. D. Tennessee, Winchester Division.

Supplemental Opinion August 26, 1970.

Attorney(s) appearing for the Case

Ben P. Lynch, Winchester, Tenn., Charles D. Haston, McMinnville, Tenn., for plaintiff.

Joe R. Hickerson, Winchester, Tenn., John M. McCord, Henry, McCord, Forrester & Richardson, Tullahoma, Tenn., Donald H. Bowman, Lincoln, Neb., for defendant and third-party plaintiff.

John M. McCord, Tullahoma, Tenn., for third-party defendant.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is a diversity, 28 U.S.C. § 1332(a) (1), (c), civil action for after-salvage damages to a shipment from Tennessee to South Dakota of nursery stock. The plaintiff claims that, disobedient to its specific instructions to maintain a certain temperature in the trailer bearing this cargo, which was specially equipped for this purpose, the defendant Mr. Ramsey negligently allowed the cargo to freeze...

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