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FABULOUS FUR CORP. v. UNITED PARCEL SERVICE

No. 86 CV 2188.

664 F.Supp. 694 (1987)

FABULOUS FUR CORP., Plaintiff, v. UNITED PARCEL SERVICE, Defendant.

United States District Court, E.D. New York.

July 9, 1987.

Attorney(s) appearing for the Case

Mandel Weiss Campise, Eisenberger & Mandel, by Scott T. Johnson, New York City, for plaintiff.

Kenneth Adler & Associates, by Alan Copertino, Melville, N.Y., for defendant.

MEMORANDUM AND ORDER

PLATT, District Judge.

Defendant, United Parcel Service ("UPS"), seeks partial summary judgment on its claim that its liability for lost goods is limited to a maximum of $100 per package.1 Plaintiff, Fabulous Fur Corp. ("Fabulous Fur"), cross-moves to strike defendant's affirmative defense to the same effect.

FACTS

On or about July 9, 1984, plaintiff, a Canadian corporation, shipped nine...

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