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FAYGO BEVERAGES, INC. v. PIONEER TRUCKING

Civ. A. No. 83-570-JLL.

585 F.Supp. 251 (1984)

FAYGO BEVERAGES, INC., Plaintiff and Counter-Defendant, v. PIONEER TRUCKING, INC., Defendant and Counter-Plaintiff.

United States District Court, D. of Delaware.

April 16, 1984.

Attorney(s) appearing for the Case

Sidney R. Chirlin of Young, Conaway, Stargatt & Taylor, Wilmington, Del., and Chester A. Zyblut of Washington, D.C., of counsel, for plaintiff and counter-defendant.

Edmund N. Carpenter, II and Thomas A. Beck of Richards, Layton & Finger, Wilmington, Del., and Rex Eames of Eames, Wilcox, Mastej & Bryant, Detroit, Mich., of counsel, for defendant and counter-plaintiff.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

In this diversity action1 Faygo Beverages, Inc. ("Faygo") seeks to recover the sum of $15,473.76 which it previously paid to Pioneer Trucking, Inc. ("Pioneer") for the transportation of Faygo's carbonated beverages to various destinations in the United States from Faygo's plant at Detroit, Michigan. (Docket Item ["D.I."] 4.) The amended complaint (D.I. 4) may be summarized in...

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