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SEASON-ALL INDUSTRIES, INC. v. MERCHANT SHIPPERS

Civ. A. No. 74-264.

385 F.Supp. 517 (1974)

SEASON-ALL INDUSTRIES, INC., a corporation, Plaintiff, v. MERCHANT SHIPPERS, a corporation, Defendant and Third-Party Plaintiff, v. BREMAN'S EXPRESS, INC., et al., Third-Party Defendants.

United States District Court, W. D. Pennsylvania.

November 21, 1974.

Attorney(s) appearing for the Case

Paul H. Titus, Kaufman & Harris, Pittsburgh, Pa., for defendant and third-party plaintiff.

Thomas J. Reinstadtler, Jr., Egler, McGregor & Reinstadtler, Pittsburgh, Pa., for plaintiff.

Edward Goldberg and George H. Hoffman, Pittsburgh, Pa., for Breman's Express, Inc.

Gary F. Sharlock, Sharlock & Repcheck, Pittsburgh, Pa., for Baltimore & Ohio R. Co.

Aloysius F. Mahler, Pittsburgh, Pa., for Pa. R. Co., Penn Central Transp. Co.

Frederick J. Francis, Meyer, Unkovic & Scott, Pittsburgh, Pa., for Burlington Northern, Inc.

Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., for Alaska Railroad Co.

Thomson, Rhodes & Grigsby, Pittsburgh, Pa., for Puget Sound Tug & Barge.

OPINION

WEBER, District Judge.

Merchant Shippers, a freight forwarder, was sued by plaintiff for damages to freight consigned to it for transhipment to Alaska. Merchant Shippers, as third-party plaintiff, joined a series of connecting carriers and the delivering carrier, on a cause of action established by 49 U.S.C § 20(11) and § 20(12). These sections are known as the Carmack Amendments to the Interstate Commerce Act and are the only provisions...

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