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COMMUNITY-SUFFOLK v. DENVER & RIO GRANDE W. R. CO.

Civ. A. No. 78-2057-C.

475 F.Supp. 443 (1979)

COMMUNITY-SUFFOLK, INC., Plaintiff, v. The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, Defendant.

United States District Court, D. Massachusetts.

July 30, 1979.

Attorney(s) appearing for the Case

Frank Infelise, Lynn, Mass., for plaintiff.

Kevin J. Mulvey, Ferriter, Walsh & Mulvey, P. C., Boston, Mass., for defendant.

MEMORANDUM

CAFFREY, Chief Judge.

This matter came before the court on defendant's motion to dismiss. Plaintiff seeks to recover damages for the loss of an interstate shipment of perishable food and asserts that the court has jurisdiction on the basis of the Carmack Amendment 49 U.S.C. § 20(11). The Carmack Amendment to the Interstate Commerce Act 49 U.S.C. § 20(11) requires a carrier receiving freight...

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