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CASSIDY v. AIRBORNE FREIGHT CORP.

No. 49777.

565 P.2d 360 (1977)

John CASSIDY, Jr., d/b/a Contractors' Exchange, Appellant, v. AIRBORNE FREIGHT CORPORATION, a Foreign Corporation, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied June 27, 1977.

Attorney(s) appearing for the Case

Richard James, Stroud, for appellant.

Donald R. Wilson, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, for appellee.

DOOLIN, Justice.

We are asked to decide if loss or damage to freight delivered to an air carrier, who agrees to transfer goods by air, is limited to a recovery of the amount set out in the applicable tariffs when there has been a material delay of long duration1 in delivery, due to the action of carrier or connecting carriers?

The facts are not disputed. Shipper (appellant-Cassidy) contracted with the carrier (Airborne Freight...

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