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ACTION DRUG CO., INC. v. OVERNITE TRANSP. CO.

Civ. A. No. 88-482-JLL.

724 F.Supp. 269 (1989)

ACTION DRUG COMPANY, INC., Plaintiff, v. OVERNITE TRANSPORTATION COMPANY, Defendant.

United States District Court, D. Delaware.

October 23, 1989.

Attorney(s) appearing for the Case

J. Dallas Winslow, Jr., Wilmington, Del., and John A. Guernsey, of DeStefano & Guernsey, Philadelphia, Pa., of counsel, for plaintiff.

Robert G. Carey, Wilmington, Del., for defendant.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION AND FACTUAL BACKGROUND

Plaintiff, Action Drug Company ("Action"), has brought suit against defendant, Overnite Transportation Company ("Overnite"), in order to recover the value of goods tendered to Overnite for delivery to a company in Florida. (Docket Item ["D.I."] 1 at ¶ 3; see also D.I. 4 at ¶ 3.) Overnite has brought a counterclaim seeking freight charges allegedly...

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