NORTH AMERICAN VAN LINES v. PINKERTON SEC. SYSTEMS

No. 95-3325.

89 F.3d 452 (1996)

NORTH AMERICAN VAN LINES, INCORPORATED, Plaintiff-Appellant, v. PINKERTON SECURITY SYSTEMS, INCORPORATED, FCLS/GM Investors Group, Incorporated, and G.M. Limited Partnership, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 16, 1996.


Attorney(s) appearing for the Case

Christopher A. Garcia, Sanchez & Daniels, Chicago, IL, Barbara Naretto Petrungaro, Brian W. Bell, Swanson, Martin & Bell, Chicago, IL, Mark T. Mullen (argued), James Cullen, Cozen & O'Connor, Philadelphia, PA, for North American Van Lines, Inc.

Michael W. Rathsack (argued), Chicago, IL, Michael J. Charysh, David H. Schroeder, Charysh & Schroeder, Chicago, IL, for Pinkerton Sec. Systems, Inc.

Kurt C. Meihofer, Laura B. Glaser, Johnson & Bell, Chicago, IL, for FCLS/GM Group, Inc.

Before ESCHBACH, KANNE, and EVANS, Circuit Judges.


KANNE, Circuit Judge.

The Interstate Commerce Act contains several provisions governing a motor carrier's liability to a shipper for the loss of, or damage to, an interstate shipment of goods. These provisions, which are commonly referred to collectively as the Carmack Amendment, have at one time or another since 1906 resided in different sections of Title 49 of the United States Code. At the time of this lawsuit, they were located at 49

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