DEERE & CO. v. DEUTSCHE LUFTHANSA AKTIENGESELLSCHAFT

No. 87-2026.

855 F.2d 385 (1988)

DEERE & COMPANY, Plaintiff-Appellee, v. DEUTSCHE LUFTHANSA AKTIENGESELLSCHAFT, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 1988.


Attorney(s) appearing for the Case

John N. Romans, Curtis Mallet Prevost Colt & Mosle, New York City, for defendant-appellant.

John W. Rotunno, Bell Boyd & Lloyd, Chicago, Ill., for plaintiff-appellee.

Before CUMMINGS, FLAUM and RIPPLE, Circuit Judges.


FLAUM, Circuit Judge.

Defendant-appellant airline ("Lufthansa") damaged part of a computer owned by Deere & Company during an international shipment. Lufthansa argued that under the Warsaw Convention and Lufthansa's tariff and waybill, any liability must be determined with reference only to the weight of the damaged package ("package weight"). Deere sought and was awarded a greater amount based on the weight of the portion of the shipment whose value was affected...

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