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CULVER v. BOAT TRANSIT, INC.

No. 84-4152.

782 F.2d 1467 (1986)

Larry CULVER and Marine Office of America Corporation, Plaintiffs-Appellants, v. BOAT TRANSIT, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 14, 1986.

Attorney(s) appearing for the Case

Katherine H. O'Neil, Wood, Tatum, Mosser, Brooke & Holden, Portland, Or., for plaintiffs-appellants.

Emil Berg, Hallmark, Griffith & Keating, P.C., Portland, Or., for defendant-appellee.

Before SKOPIL and FLETCHER, Circuit Judges, and REED, District Judge.

SKOPIL, Circuit Judge:

We are asked to determine if a shipper's failure to strictly comply with a written notice of claim requirement in a carrier's bill of lading as required by the Carmack Amendment, 49 U.S.C. § 11707(e) (1982), precludes the shipper and his insurer from maintaining an action against the carrier. The district court found that strict compliance was required and granted the carrier's motion for summary judgment. We reverse.

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