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THE LIMITED, INC. v. PDQ TRANSIT, INC.

No. C2-00-282.

160 F.Supp.2d 842 (2001)

THE LIMITED, INC., and Limited Distribution Services, Inc., Plaintiff, v. PDQ TRANSIT, INC., Defendant.

United States District Court, S.D. Ohio, Eastern Division.

March 30, 2001.

Attorney(s) appearing for the Case

Juan Jose Gonzales Perez, Perez & Morris, Columbus, OH, for plaintiffs.

Alexander M. Andrews, Ulmer & Berne, Columbus, OH, Michael L. Foran, Robert Thomas Boylan, Clausen Miller PC, Chicago, IL, for defendant.

OPINION AND ORDER

GEORGE C. SMITH, District Judge.

Plaintiffs are seeking compensatory and punitive damages for loss of merchandise in shipping. Defendant moves to dismiss plaintiffs' claim for material deviation (Count II), and to strike plaintiffs' claim for punitive damages. (Doc. 4). For the reasons that follow, the Court grants defendant's motion to dismiss and motion to strike plaintiffs' claim...

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