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EFS NATIONAL BANK v. AVERITT EXP., INC.

No. 00-CV-3201-V.

164 F.Supp.2d 994 (2001)

EFS NATIONAL BANK, Plaintiff, v. AVERITT EXPRESS, INC., Defendant/Counterplaintiff, Third-party Plaintiff v. Motor Cargo, Third-party Defendant.

United States District Court, W.D. Tennessee, Western Division.

August 31, 2001.

Attorney(s) appearing for the Case

J. Richard Buchignani, Esq., Georgia A. Robinette, Carmalita Carletos, Wyatt Tarrant & Combs, Memphis, TN, for EFS National Bank, plaintiffs.

Kenneth M. Bryant, Joseph Y. McCoin, Miller & Martin LLP, Nashville, TN, for Averitt Express, Inc, Motor Cargo, defendants.

James Allen, Memphis, TN, pro se.

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

VESCOVO, United States Magistrate Judge.

The plaintiff, EFS National Bank ("EFS"), filed this lawsuit seeking damages under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706, for lost cargo which was transported in interstate commerce by the defendant motor carrier, Averitt Express, Inc ("Averitt"). Before the court1 is the motion of the plaintiff EFS for...

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