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ELECTRO SOURCE, INC. v. UNITED PARCEL SERVICE

No. 94-56201.

95 F.3d 837 (1996)

ELECTRO SOURCE, INC., a California corporation, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INC., an Ohio corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1996.

Attorney(s) appearing for the Case

Frank E. Merideth, Jr. and Thomas N. Fitzgibbon, Bryan Cave, Santa Monica, California, for plaintiff-appellant.

Robert J. Borthwick and Gareth T. Evans, Gibson, Dunn & Crutcher, Los Angeles, California, for defendant-appellee.

Before: BEEZER, BRUNETTI and JOHN T. NOONAN, Jr., Circuit Judges.

BEEZER, Circuit Judge:

Electro Source, Inc. ("ESI") brought an action under the Federal Bills of Lading Act ("FBLA"), 49 U.S.C.App. §§ 81-124,1 alleging that United Parcel Service, Inc. ("UPS") misdelivered two international shipments of video games. After a jury trial, the district court granted judgment as a matter of law in favor of UPS. ESI appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse and remand...

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