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HOLLINGSWORTH & VOSE CO. v. A-P-A TRANSP. CORP.

No. 97-2428.

158 F.3d 617 (1998)

HOLLINGSWORTH & VOSE COMPANY, Appellant, v. A-P-A TRANSPORTATION CORP., Appellee.

United States Court of Appeals, First Circuit.

Decided October 23, 1998.

Attorney(s) appearing for the Case

Leonard M. Singer with whom Heidlage & Reece, P.C. was on brief for appellant.

Thomas J. Hogan with whom Kroll, Rubin & Fiorella LLP was on brief for appellee.

Before BOUDIN, Circuit Judge, SCHWARZER, Senior District Judge, and SARIS, District Judge.

BOUDIN, Circuit Judge.

Hollingsworth & Vose Company ("Hollingsworth") appeals from the denial of its motion for summary judgment and the grant of summary judgment to A-P-A Transportation Corporation ("A-P-A"). The issue turns on a tariff provision limiting the carrier's liability for goods damaged during shipment in exchange for a lower transportation charge. The federal statute governing such tariff provisions has long been a source of litigation.

The...

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