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MECHANICAL TECHNOLOGY INC. v. RYDER TRUCK LINES

Nos. 145, 214, Dockets 85-7364, 85-7460.

776 F.2d 1085 (1985)

MECHANICAL TECHNOLOGY INCORPORATED, Plaintiff-Appellee, Cross-Appellant, v. RYDER TRUCK LINES, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 14, 1985.

Attorney(s) appearing for the Case

Bohl, Clayton, Komar & Della Rocca, P.C., Albany, N.Y. (Howard D. Clayton, Stephen A. Pechenik, of counsel), for defendant-appellant, cross-appellee.

Dwyer, Dwyer & Waite, Albany, N.Y., for plaintiff-appellee, cross-appellant.

Before KAUFMAN, MESKILL, and WINTER, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Since the dawn of this century, the highways of our nation have served as the arteries of a burgeoning interstate commerce. Although their wares may now be products of the technological revolution, commercial shippers still turn to trucks for safe and inexpensive transport. Similarly, shippers have for decades enjoyed the opportunity to contractually choose between full recovery for damage and low shipping costs.

In this appeal...

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