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CAROUSEL NUT PRODUCTS v. MILAN EXP. CO.

Civ. A. No. 90-0212-O(CS).

767 F.Supp. 142 (1991)

CAROUSEL NUT PRODUCTS, INC., Plaintiff, v. MILAN EXPRESS CO., INC., Defendant and Third-Party Plaintiff, v. VIKING FREIGHT SYSTEM, INC., Third-Party Defendant.

United States District Court, W.D. Kentucky, at Owensboro.

July 8, 1991.

Attorney(s) appearing for the Case

John T. Lovett, Lovett & Lamar, Owensboro, Ky., for plaintiff Carousel Nut Products, Inc.

Henry E. Seaton, Washington, D.C., William E. Rummage, Rummage, Kamuf, Yewell, Pace & Condon, Owensboro, Ky., for defendant and third-party plaintiff Milan Express Co., Inc.

James D. Harris, Jr., Harlin and Parker, Bowling Green, Ky., for third-party defendant Viking Freight System, Inc.

MEMORANDUM OPINION AND ORDER

SIMPSON, District Judge.

This action concerns claims by the plaintiff, Carousel Nut Products, Inc. ("Carousel"), resulting from losses, late delivery of, and damage to various shipments of products Carousel had consigned to the defendant, Milan Express Co., Inc. ("Milan"), for transport to out-of-state customers.

In the complaint, Carousel alleges that it suffered losses on...

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