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MOHL v. NTC OF AMERICA, INC.

No. 82-K-449.

564 F.Supp. 401 (1982)

Rodney MOHL, Mildred Mohl, and Foremost Insurance Company, Plaintiffs, v. NTC OF AMERICA, INC., a/k/a National Trailer Convoy, Inc., Defendant.

United States District Court, D. Colorado.

November 29, 1982.

Attorney(s) appearing for the Case

Patrick J. McDivitt, Jones, Meiklejohn, Kehl & Lyons, Denver, Colo., for plaintiffs.

Kevin J. Kuhn, Montgomery Little Young Campbell & McGrew, P.C., Englewood, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

Plaintiffs have filed a motion for partial summary judgment under Rule 56, F.R. Civ.P. or, in the alternative, to strike defendant NTC of America, Inc.'s 12th affirmative defense. The 12th affirmative defense says:

"The liability, if any, of Defendant is limited by the agreement of the parties, and/or the value declared by the Plaintiff, as provided in 49 U.S.C. § 10730."

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