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FUENTE CIGAR, LTD. v. ROADWAY EXP., INC.

No. 91-5110.

961 F.2d 1558 (1992)

FUENTE CIGAR, LTD., Plaintiff-Appellant, v. ROADWAY EXPRESS, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 5, 1992.

Attorney(s) appearing for the Case

Richard Benjamin Wilkes, Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, P.A., Lansing C. Scriven, Tampa, Fla., for plaintiff-appellant.

Kroll & Tract, Hyman Hillenbrand, Miami, Fla., for defendant-appellee.

Kenneth E. Siegel, ATA's Litigation Center, Alexandria, Va., for Amicus, Nat. Freight Claim & Sec. Council and American Trucking Ass'n.

Before EDMONDSON and DUBINA, Circuit Judges and ATKINS, Senior District Judge.

DUBINA, Circuit Judge:

Fuente Cigar, Ltd. ("Fuente") appeals the district court's order reversing a magistrate judge's findings that Roadway Express, Inc. ("Roadway") violated the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 11707 ("Carmack Amendment").1 We vacate the district court's order.

BACKGROUND

Fuente is a manufacturer of high quality, hand-made cigars. Fuente employed Roadway, an interstate...

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