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CIRCLE REDMONT, INC. v. MERCER TRANSP. CO., INC.

No. 99-951-CIV-ORL-18A.

78 F.Supp.2d 1316 (1999)

CIRCLE REDMONT, INC., a Florida Corporation, Plaintiff, v. MERCER TRANSPORTATION COMPANY, INC., a Kentucky Corporation, and Mercer Transportation Company, Inc., an Indiana Corporation, Defendants/Third-Party Plaintiffs, v. Francisco Loza Quiroz, d/b/a Auto Express Quiroz, Third-Party Defendants.

United States District Court, M.D. Florida, Orlando Division.

December 26, 1999.

Attorney(s) appearing for the Case

Patrick Francis Roche, Frese, Nash & Torpy, P.A., Melbourne, FL, for Circle Redmont, Inc., a Florida corporation, plaintiff.

William Earl Davis, Buchanan Ingersoll, P.C., Miami, FL, for Mercer Transportation Company, Inc. (Kentucky), a Kentucky corporation, Mercer Transportation Company, Inc. (Indiana), an Indiana corporation, defendants.

ORDER

SHARP, District Judge.

The issue before the Court on the plaintiff's motion for remand (doc. 13) is whether the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706, carries such extraordinary preemptive force that state law breach of contract and conversion claims involving a shipper's failure to collect payments due should be regarded as federal claims sufficient to invoke federal...

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