The Great Atlantic & Pacific Tea Company, Inc. v. The Atchison, Topeka and Santa Fe Railway Company
Court of Appeals for the Seventh Circuit
1Opinion of the Court
HASTINGS, Chief Judge.
The Great Atlantic & Pacific Tea Company, Inc. (A & P) brought this action against The Atchison, Topeka and Santa Fe Railway Company (Santa Fe). It sought to recover damages alleged to have resulted from an unreasonable and unexcused delay of two days in a shipment of plums from California to New York.
The ease was submitted to the district court for decision solely upon a stipulation of facts, briefs and oral argument of the parties. The evidence consisted of the stipulation of facts and the bill of lading for the shipment.
The trial court found that A & P suffered no…
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