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COMMAND TRANSP. INC. v. B.J.'S WHOLESALE CLUB INC.

No. 94-1853.

62 F.3d 18 (1995)

COMMAND TRANSPORTATION INC., Plaintiff-Appellee, v. B.J.'S WHOLESALE CLUB INC., Ames Department Stores Inc., Morse Shoe Inc., Lionel Leisure Inc., and Home Insurance Company, Defendants-Appellees, Liberty Mutual Insurance Company, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided August 9, 1995.

Attorney(s) appearing for the Case

David J. Daly, with whom John E. Lecomte, Timothy J. Daly and Lecomte, Emanuelson, Tick & Doyle, Boston, MA, were on brief for appellant Liberty Mut. Ins. Co.

Kurt Terwilliger, with whom Richard D. Bickelman and Deutsch Williams Brooks DeRensis Holland & Drachman, Boston, MA, were on brief for appellee Command Transp., Inc.

Before BOUDIN, Circuit Judge, JOHN R. GIBSON and CAMPBELL, Senior Circuit Judges.

JOHN R. GIBSON, Senior Circuit Judge.

Liberty Mutual Insurance Company appeals from the district court's judgment denying its counterclaims against Command Transportation, Inc. to recover freight damage claims Liberty paid to Command's shippers and to collect insurance premiums from Command. Liberty argues that the district court erred: (1) in failing to reduce freight damage claims Liberty paid Command's shipping customers by the amounts the shippers owed Command...

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