FUJITSU LTD. v. FEDERAL EXP. CORP.

Docket No. 00-7343.

247 F.3d 423 (2001)

FUJITSU LIMITED, Plaintiff-Appellee, v. FEDERAL EXPRESS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided April 20, 2001.


Attorney(s) appearing for the Case

Warren Dean, Federal Express Corp., Memphis, TN, (R. Jeffery Kelsey on brief) and Patrick J. Keating, Kaplan, Begy & Von Ohlen, Chicago, IL, (Nicholas E. Pantelopoulos, Biedermann, Hoenig, Massamillo & Ruff on brief), for Appellant.

William R. Connor, III, Bingham, Englar, Jones & Houston, New York, NY, (John MacCrate III on brief), for Appellee.

Before STRAUB, SOTOMAYOR, Circuit Judges, and SPATT, District Judge.


SPATT, District Judge:

This case primarily concerns interpretation of the Warsaw Convention treaty governing the liability of international cargo shippers for damage to returned goods while in their possession. We find that the shipment at issue was not a return as defined by Article 12 of the Warsaw Convention and that the carrier's shipment of the goods back to the departure destination at the consignee's direction involved a second acceptance under Article 9, requiring...

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