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HECTOR MARTINEZ & CO. v. SOUTHERN PACIFIC TRANSP.

No. 77-2793.

606 F.2d 106 (1979)

HECTOR MARTINEZ AND COMPANY, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 20, 1979.

Attorney(s) appearing for the Case

Paul J. Chitwood, Dallas, Tex., for plaintiff-appellant.

Howard P. Newton, San Antonio, Tex., for defendant-appellee.

Before WISDOM, HILL and VANCE, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 20, 1979.

VANCE, Circuit Judge:

Martinez appeals the trial court's dismissal of his claim under 49 U.S.C. § 20(11) (Carmack Amendment to the Interstate Commerce Act) for losses resulting from delay and damage in transportation by carrier Southern Pacific. The district court granted Southern Pacific's motion under Rule 12(b)(6) to dismiss the claim for delay damages. It held that such damages are special...

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