MEMORANDUM OPINION
HILTON, District Judge.
This matter came before the Court on defendant's motion for summary judgment and defendant's motion for leave to amend its complaint to assert a counterclaim. Defendant Roadway Package System, Inc. ("RPS") is an Interstate Commerce Commission ("ICC") certificated common carrier of small packages. On February 28, 1994, the plaintiff, Caporicci Footwear, entered into a service agreement whereby RPS agreed to...
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