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DAVIS ACOUSTICAL CORP. v. CAROLINA FREIGHT

No. 89-CV-198.

775 F.Supp. 530 (1991)

DAVIS ACOUSTICAL CORPORATION, Plaintiff, v. CAROLINA FREIGHT CARRIERS CORPORATION, Defendant.

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

June 11, 1991.

Attorney(s) appearing for the Case

Bouck Holloway Kiernan & Casey, Albany, N.Y. (David J. Pollock, of counsel), for plaintiff.

McNamee Lochner Titus & Williams, Albany, N.Y. (G. Kimball Williams, of counsel), and Kroll & Tract, New York City, for defendant.

MEMORANDUM — DECISION AND ORDER

McCURN, Chief Judge.

Background

Plaintiff, Davis Acoustical Corporation ("Davis"), is seeking to recover for damage to a shipment of pine wood, which allegedly occurred while that wood was being shipped via defendant, Carolina Freight Carriers Corporation ("Carolina Freight"), an interstate common carrier. In connection with that shipment Davis and Carolina Freight entered into a bill of lading agreement...

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