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MGD GRAPHIC SYSTEMS, ETC. v. ACME FAST FREIGHT, INC.

No. 76 C 1605.

437 F.Supp. 10 (1977)

MGD GRAPHIC SYSTEMS AMERICAS COMPANY, a Division of North American Rockwell Corporation, Plaintiff, v. ACME FAST FREIGHT, INC., Chicago Rock Island and Pacific Railroad Company, and Southern Pacific Transportation Company, Defendants.

United States District Court, N. D. Illinois, E. D.

April 6, 1977.

Attorney(s) appearing for the Case

Charles M. Fraenkel, Conklin, Leahy & Eisenberg, Chicago, Ill., for plaintiff.

John N. Kern, Joel H. Steiner, Axelrod, Goodman, Steiner & Bazelon, Bruce C. Spitzer, James O. Christy, Chicago, Ill., for defendants.

ORDER

FLAUM, District Judge:

Before the court is defendant's motion for summary judgment on plaintiff's complaint which asserts a claim for damage to consigned goods during shipment. 49 U.S.C. § 20(11). The motion for summary judgment is predicated on Acme Freight's published tariff and the written restriction in the bill of lading for the goods in question which requires as a condition precedent to recovery that a formal claim for damage be filed with...

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