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KVAERNER E & C (METALS) v. YELLOW FREIGHT SYSTEMS, INC.

No. C02-1202 BZ.

266 F.Supp.2d 1065 (2003)

KVAERNER E & C (METALS), Plaintiff, v. YELLOW FREIGHT SYSTEMS, INC., Defendant.

United States District Court, N.D. California.

May 12, 2003.

Attorney(s) appearing for the Case

R. Randall Nye, Raymond A. Tabar, San Ramon, CA, Raymond J. Tittmann, Carroll Burdick & McDonough LLP, San Francisco, CA, for Plaintiff.

James Attridge, Scopelitis Garvin Light & Hanson LLP, San Francisco, CA, for Defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ZIMMERMAN, United States Magistrate Judge.

Plaintiff Kvaerner E & C (Metals) filed this action against defendant Yellow Freight System, Inc. under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706.1 Plaintiffs claim arises out of a shipment of pumps by defendant to plaintiff in December 1999 and January 2000. Several pumps sustained damage in transit. In an...

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