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FDL FOODS, INC. v. KOKESCH TRUCKING, INC.

No. 2-91-1099.

599 N.E.2d 20 (1992)

233 Ill. App.3d 245

174 Ill.Dec. 474

FDL FOODS, INC., Plaintiff-Appellee, v. KOKESCH TRUCKING, INC., Defendant-Appellant (Farris L. Waterworth Brokerage, Inc., Defendant).

Appellate Court of Illinois, Second District.

August 19, 1992.

Attorney(s) appearing for the Case

Bruce A. Brown, Bruce Goldsmith, Margaret A. Gisch (argued), Goldsmith, Thelin, Schiller, Dickson & Brown, Aurora, for Kokesch Trucking, Inc.

James Heckmann (argued), Bauer & Heckmann, P.C., Dubuque, Iowa, Erickson & Sederstrom, Omaha, Neb., for FDL Foods, Inc. and Farris L. Waterwork Brokerage.

Justice UNVERZAGT delivered the opinion of the court:

The defendant, Kokesch Trucking, Inc. (Kokesch), appeals from the judgment of the circuit court of Ogle County finding it liable as a carrier to the shipper, plaintiff FDL Foods, Inc. (FDL), under the Carmack Amendment to the Interstate Commerce Act (Carmack Amendment) (49 U.S.C. § 11707 (1988)) for economic loss sustained by FDL to a load of fresh pork trimmings carried from FDL in Rochelle, Illinois, to...

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