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GENSPLIT FINANCE v. PAN AMERICAN WORLD AIRWAYS

No. 81-C-1105.

581 F.Supp. 1241 (1984)

GENSPLIT FINANCE CORPORATION, A Wisconsin corporation, Plaintiff, v. PAN AMERICAN WORLD AIRWAYS, INC., a New York corporation, Defendant.

United States District Court, E.D. Wisconsin.

March 15, 1984.

Attorney(s) appearing for the Case

Thomas A. Merkle, Smith & O'Neil, Milwaukee, Wis., for plaintiff.

Daniel R. Doucette, Kluwin, Dunphy & Hankin, Milwaukee, Wis., for defendant.

DECISION AND ORDER

WARREN, District Judge.

Presently before the Court are the parties' cross motions for summary judgment. For the reasons discussed below, the Court is persuaded that plaintiff's claim in this action is barred by defendant's tariff Rule 23(b) (Cargo Rules Tariff No. CR-3) filed with Civil Aeronautics Board (C.A.B.) pursuant to 49 U.S.C. § 1301, et seq.

FACTUAL BACKGROUND

Plaintiff, Gensplit Finance Corporation...

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