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MASS v. BRASWELL MOTOR FREIGHT LINES, INC.

No. 77-1162.

577 F.2d 665 (1978)

Jose R. MASS, Plaintiff-Appellee, v. BRASWELL MOTOR FREIGHT LINES, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 5, 1978.

Attorney(s) appearing for the Case

Robert Nash, Los Angeles, Cal. (appeared), of Spray, Gould & Bowers, Orange, Cal., for defendant-appellant.

Newton Kalman (appeared), of Caidin, Kalman & Sampsen, Beverly Hills, Cal., for plaintiff-appellee.

Before TRASK and GOODWIN, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM:

Braswell Motor Freight Lines, Inc. (Braswell) appeals from an adverse judgment based on a jury verdict which granted appellee Jose Mass $18,229.87 under the Motor Carrier Act, 49 U.S.C. § 301 et seq., for the loss of a carton of valuable movie posters.

Braswell contends that the district court erred when it ruled as a matter of law that:

(1) Mass did not mislead Braswell about the contents of the carton in order to obtain a...

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