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FOREMOST INS. CO. v. NATIONAL TR. CONVOY INC.

No. 9694.

370 So.2d 1258 (1979)

FOREMOST INSURANCE COMPANY v. NATIONAL TRAILER CONVOY, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Dissenting Opinion May 11, 1979.

Attorney(s) appearing for the Case

Ralph R. Alexis, III, Porteous, Toledano, Hainkel & Johnson, New Orleans, counsel for National Trailer Convoy, Inc., and Midland Ins. Co., defendant-appellant.

T. Michael Masterson of Hammett, Leake, Hammett, Hulse & Nelson, New Orleans, counsel for Foremost Ins. Co., plaintiff-appellee.

Before LEMMON, BOUTALL, BEER, (SAMUEL and GARRISON, JJ.)

BOUTALL, Judge.

This is a case involving the validity of a limitation on liability provision in a bill-of-lading.

Briefly stated the facts are these: On June 23, 1973, Victor Suniga delivered a mobile home to National Trailer Convoy, Inc., appellant in this action, for transportation from Alexandria, Louisiana to Bakers Field, California. While en-route, the mobile home caught fire completely destroying it and its contents. It is an uncontested fact that this...

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