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KESEL v. UNITED PARCEL SERVICE, INC.

No. 02-15329.

339 F.3d 849 (2003)

Mark KESEL, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INC.; UPS Airlines, Inc.; UPS Customhouse Brokerage, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2003.

Attorney(s) appearing for the Case

Paul McCarthy, Oakland, California, for the appellant.

Paul T. Friedman and Ruth N. Borenstein, Morrison & Foerster LLP, San Francisco, California, for the appellees.

Before FERGUSON, McKEOWN, and RAWLINSON, Circuit Judges.

Opinion by Judge McKEOWN; Dissent by Judge FERGUSON

OPINION

McKEOWN, Circuit Judge.

A package of paintings by prominent Ukrainian artists, en route from Odessa to California via United Parcel Service, arrived at a Kentucky warehouse, then vanished like the Ark of the Covenant.1 The shipper, Mark Kesel, contends that the paintings were worth far more than the $558 declared value listed on the waybill, and seeks to hold...

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