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ROBERT BURTON ASSOCIATES v. PRESTON TRUCKING CO.

No. 97-5363.

149 F.3d 218 (1998)

ROBERT BURTON ASSOCIATES, INC., Appellee, v. PRESTON TRUCKING COMPANY, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided July 10, 1998.

Attorney(s) appearing for the Case

Gerard F. Smith (argued), Law Offices of Gerard F. Smith, Denville, NJ; George Carl Pezold, Augello, Pezold & Hirschmann, Huntington, NY, for Appellee.

Paul D. Keenan, David S. Garber (argued), Buchanan Ingersoll, Princeton, NJ, for Appellant.

Before: SLOVITER, GREENBERG, and GIBSON, Circuit Judges.

GREENBERG, Circuit Judge.

This matter comes on before the court on defendant-appellant Preston Trucking Company Inc.'s appeal from an order of May 22, 1997, denying reconsideration of an order for summary judgment entered in this matter on March 25, 1997, in favor of plaintiff-appellee, Robert Burton Associates Inc. Burton, a shipper, brought this action against Preston, a carrier, under the Carmack Amendment for loss of merchandise in transit.1...

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