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SOTHEBY'S v. FEDERAL EXP. CORP.

No. 99 CIV. 1610(DC).

97 F.Supp.2d 491 (2000)

SOTHEBY'S, Plaintiff, v. FEDERAL EXPRESS CORPORATION, Defendant.

United States District Court, S.D. New York.

May 15, 2000.

Attorney(s) appearing for the Case

Kennedy Lillis Schmidt & English, by Charles E. Schmidt, Matthew T. Loesberg, Craig S. English, New York City, for Plaintiff.

Condon & Forsyth LLP, by Christopher Carlsen, New York City, R. Jeffrey Kelsey, Federal Express Corporation, Memphis, TN, Newman, Fitch, Altheim, Myers, P.C., by Olivia M. Gross, New York City, for Defendant.

MEMORANDUM DECISION

CHIN, District Judge.

In this cargo case, Sotheby's, through an agent, hired Federal Express Corporation ("FedEx") to transport three pieces of artwork (the "Artwork") from London, England to Newark, New Jersey. The air waybill provided that the Artwork was to be flown on FedEx Flight 005 from London, England to Newark, New Jersey. FedEx in fact transported the Artwork to Newark on Flight 005, but then, due to its own weekend staffing...

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