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UNDERWRITERS AT LLOYD'S v. N. AM. VAN LINES

No. 77195.

829 P.2d 978 (1992)

UNDERWRITERS AT LLOYD'S OF LONDON, Plaintiff/Appellant, v. NORTH AMERICAN VAN LINES, Defendant/Appellee.

Supreme Court of Oklahoma.

April 14, 1992.

Attorney(s) appearing for the Case

Linda G. Alexander, Patricia A. Kirch, Niemeyer, Noland & Alexander, Oklahoma City, for plaintiff/appellant.

David A. Cheek, Victor F. Albert, McKinney, Stringer & Webster, P.C., Oklahoma City, for defendant/appellee.

HARGRAVE, Justice.

This matter comes before us on a question of law certified to this Court from the Tenth Circuit Court of Appeals pursuant to 20 O.S. 1981 § 1602:

Is a defendant, such as North American Van Lines, for whom judgment is not rendered but who reduces its liability by successfully asserting the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. 11707, 10730, as its sole defense throughout the litigation a "prevailing party" entitled...

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