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KEMPER INS. COMPANIES v. FEDERAL EXP. CORP.

Civil Action No. 99-11523-DPW.

115 F.Supp.2d 116 (2000)

KEMPER INSURANCE COMPANIES, INC., Plaintiff, v. FEDERAL EXPRESS CORPORATION & Does (unidentified employees of Federal Express Corporation), Defendants.

United States District Court, D. Massachusetts.

September 20, 2000.

Attorney(s) appearing for the Case

Robert J. Gallagher, Liese G. Howarth, Alan J. Howarth, Gallagher & Howarth, P.C., Haydenville, MA, for plaintiff.

Robert J. Maselek, Jr., Brody, Hardoon, Perkins & Kesten, Boston, MA, Steven C. Sharaf, Robert J. Maselek, Jr., Brody, Hardoon, Perkins & Kesten, Boston, MA, R. Jeffrey Kelsey, Federal Express, Legal Department, Memphis, TN, for defendants.

MEMORANDUM AND ORDER

WOODLOCK, District Judge.

An insurance company brings this action against an air carrier in connection with the theft of eight shipments of jewelry. The air carrier moved for dismissal and partial summary judgment enforcing its limitation of liability provision. At the hearing on that motion, I invited further briefing and plaintiff thereafter moved to amend its complaint to allege liability for four shipments as a motor carrier...

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