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KEMPER INS. CO. v. FEDERAL EXPRESS CORP.

No. 00-2300.

252 F.3d 509 (2001)

KEMPER INSURANCE COMPANIES, Plaintiff, Appellant, v. FEDERAL EXPRESS CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 12, 2001.

Attorney(s) appearing for the Case

Robert J. Gallagher, with whom Liese G. Howarth, Alan J. Howarth and Gallagher & Howarth, P.C., were on brief, for appellant.

R. Jeffery Kelsey, with whom Steven C. Scharaf, Dedire Brennan Regan, Robert John Maslek and Brody Hardoon Perkins & Kesten, were on brief, for appellee.

Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

TORRUELLA, Chief Judge.

This appeal involves eight packages of jewelry shipped by defendant-appellee Federal Express ("FedEx"). The shipper, Holmes Protection Group, Inc. ("Holmes"), purchased third-party insurance from plaintiff-appellant Kemper Insurance Companies, Inc. ("Kemper"). Kemper, as subrogee, sought to invalidate the $100 limitation of liability provided for in the relevant shipping documents. The district court

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