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STARMAKERS PUB. CORP. v. ACME FAST FREIGHT, INC.

No. 84 Civ. 8637-CSH.

615 F.Supp. 787 (1985)

STARMAKERS PUBLISHING CORPORATION, Plaintiff, v. ACME FAST FREIGHT, INC., Defendant. ACME FAST FREIGHT, INC., Third-Party Plaintiff, v. CHAS. J. BURNHAM CARTAGE, INC., Third-Party Defendant.

United States District Court, S.D. New York.

July 17, 1985.

Attorney(s) appearing for the Case

Bernard Raphan, P.C., New York City (Ralph Gavin Bell, New York City, of counsel), for plaintiff.

Moore, Berson, Lifflander & Mewhinney, New York City, and Garson & Grossman, Fairfax, Va. (Charles D. Cole, Jr., New York City, and Neil Garson, Fairfax, Va., of counsel), for defendant and third-party plaintiff.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This action is before the Court on defendant Acme Fast Freight, Inc.'s ("Acme") motion for judgment on the pleadings, pursuant to Fed.R.Civ.P. 12(c), on two of plaintiff Starmakers Publishing Corporation's ("Starmakers") claims against it.

Starmakers, a shipper, filed this diversity action, pursuant to 28 U.S.C. § 1332, to recover damages for the...

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