CENTRAL TRANSPORT, INC. v. PACKAGE PRINTING CO., INC


429 Mass. 189 (1999)

CENTRAL TRANSPORT, INC. v. PACKAGE PRINTING CO., INC.

Supreme Judicial Court of Massachusetts, Hampden.

March 9, 1999.


Attorney(s) appearing for the Case

Louis Movitz for the plaintiff.

Steven M. Coyle for the defendant.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


LYNCH, J.

This appeal raises the question whether a claim of preemption based on the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 11707 (1994), presents an issue of subject matter jurisdiction which may be raised at any time, or alternatively, one of choice of law which may be waived. The action was tried first in the District Court and, after a judgment for Central Transport, Inc. (Central), on its main claim and a judgment for Package Printing...

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