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INTECH, INC. v. CONSOLIDATED FREIGHTWAYS, INC.

No. 87-1070.

836 F.2d 672 (1987)

INTECH, INC., Plaintiff, Appellant, v. CONSOLIDATED FREIGHTWAYS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 30, 1987.

Attorney(s) appearing for the Case

Norman Jackman with whom Marc A. Comras and Comras & Jackman, P.A., Boston, Mass., were on brief, for plaintiff, appellant.

Wesley S. Chused with whom Frank J. Weiner and Weiner & Chused, Boston, Mass., were on brief, for defendant, appellee.

Before CAMPBELL, Chief Judge, TORRUELLA and NOONAN, Circuit Judges.

TORRUELLA, Circuit Judge.

The shipper-consignee Intech, Inc., initially brought a breach of contract action in state court against the common carrier-consignor Consolidated Freightways, Inc. ("CF"). CF removed the action to federal court as one presenting a claim of interstate freight damages under the Carmack Amendment to the Interstate Commerce Act. 49 U.S.C. § 11707 (1978). Intech appeals from an order of the district court granting CF's motion for summary...

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