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MEDTRONIC, INC. v. U.S. XPRESS, INC.

No. 02-2863.

341 F.3d 798 (2003)

MEDTRONIC, INC., Appellant, v. U.S. XPRESS, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 5, 2003.

Amended September 19, 2003.

Attorney(s) appearing for the Case

Steven L. Theesfeld, argued, Minneapolis, Minnesota, for appellant.

Michael C. Glover, argued, Minneapolis, Minnesota, for appellee.

Before MORRIS SHEPPARD ARNOLD, HANSEN, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Medtronic, Inc. ("Medtronic") filed suit against U.S. Xpress, Inc. ("USX") — a contract carrier — after USX denied its claim for damages to several shipments of medical equipment it sent via the Federal Express Corporation ("FedEx"). USX filed a motion for summary judgment, which the district court1 granted. The district court determined that USX's denial of Medtronic's claim was proper based on the...

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