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UNITED SERVICES AUTO. ASS'N v. PAUL ARPIN VAN LINES, INC.

No. 80-1795.

652 F.2d 198 (1981)

UNITED SERVICES AUTOMOBILE ASSOCIATION, Plaintiff, Appellant, v. PAUL ARPIN VAN LINES, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 23, 1981.

Attorney(s) appearing for the Case

Leonard S. Wissow, Philadelphia, Pa., with whom Wissow & Odza, Philadelphia, Pa., John A. Baglini, and Higgins & Slattery, Providence, R. I., were on brief, for plaintiff, appellant.

Guy J. Wells, Providence, R. I., with whom Gunning, LaFazia & Gnys, Inc., Providence, R. I., was on brief, for defendant, appellee.

Before COFFIN, Chief Judge, ALDRICH and BOWNES, Circuit Judges.

COFFIN, Chief Judge.

The question is whether the government and a trucking company may, in the absence of an authorizing order from the Interstate Commerce Commission, enter into a contract limiting a trucker's liability for its damage to government cargo in return for reduced trucking rates to the government. We decide they may so contract and affirm the judgment of the district court.

I

Lt. Col. James F. Sherry, U.S.M.C., who is not a party to...

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