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COMARK, INC. v. UNITED PARCEL SERVICE, INC.

No. 87 C 10332.

701 F.Supp. 641 (1988)

COMARK, INC., Plaintiff, v. UNITED PARCEL SERVICE, INC., Defendant.

United States District Court, N.D. Illinois, E.D.

November 29, 1988.

Attorney(s) appearing for the Case

John W. Aniol, Aaron E. Hoffman, Schwartz & Freeman, Chicago, Ill., for plaintiff.

Robert E. Arroyo, Michael J. Sreenan, Keck, Mahin & Cate, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Comark, Inc. ("Comark") has brought this diversity action against United Parcel Service, Inc. ("UPS") based on three separate C.O.D. shipments in which (1) UPS accepted checks as payment in a form other than that requested by Comark and (2) Comark lost money due to the uncollectibility of those checks. Both Comark and UPS have moved for summary judgment under Fed.R.Civ.P. ("Rule") 56. For the reasons stated...

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