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BOEING CO. v. U.S.A.C. TRANSPORT, INC.

No. 74-2318.

539 F.2d 1228 (1976)

The BOEING COMPANY, a corporation, Plaintiff-Appellant, v. U.S.A.C. TRANSPORT, INC., a corporation and Tri-State Motor Transit Company, a corporation, Third-Party Plaintiffs and Defendants-Appellees, v. UNITED AIRCRAFT CORPORATION, a Delaware Corporation, Third-Party Defendant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 6, 1976.

Attorney(s) appearing for the Case

Jack P. Scholfield (argued), of Guttormsen, Scholfield & Stafford, Seattle, Wash., for appellant.

Frederick V. Betts (argued), of Skeel, McKelvy, Henke, Evenson & Betts, Seattle, Wash., for appellee.

Before KOELSCH and WALLACE, Circuit Judges, and TAYLOR, District Judge.

KOELSCH, Circuit Judge:

The Boeing Company ("Boeing") brought this action against the defendant motor carrier ("USAC")1 to recover stipulated actual damages of $437,058.82 sustained when two of its jet engines were damaged during transit on one of USAC's trucks. Based on the conclusion that Boeing had contractually agreed to limit carrier's liability by shipping the engines on a "released value" basis,2 the...

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