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SHIPPERS SERVICE CO. v. NORFOLK & WEST. RAILWAY CO.

No. 73 C 604.

389 F.Supp. 1225 (1975)

SHIPPERS SERVICE COMPANY, Plaintiff, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant.

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

February 18, 1975.

Attorney(s) appearing for the Case

Lurie, Orth & Cahan, Chicago, Ill., for plaintiff.

Marvin F. Metge, Phillip Bowman, Robert Landess, Chicago, Ill., for defendant.

DECISION

McMILLEN, District Judge.

Plaintiff has sued the defendant railroad for failure to deliver goods with reasonable dispatch. Because of the railroad's alleged negligence in failing to make delivery in time for the opening of the market in the Detroit Union Produce Terminal, plaintiff's assignors did not sell their goods until some time later. It sues for losses allegedly caused by an intervening decline in the sale price of

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