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HATH v. ALLEGHANY COLOR CORP.

No. CIV. 03-1475-PHX-EHC.

369 F.Supp.2d 1116 (2005)

Robert HATH, Plaintiff, v. ALLEGHANY COLOR CORP., a foreign corporation; INX International Ink Co., a foreign corporation; and ABF Freight System, Inc., a foreign corporation, Defendants.

United States District Court, D. Arizona.

February 23, 2005.

Attorney(s) appearing for the Case

Michael Peter Fiflis, Phoenix, AZ, for Plaintiff.

Jon D. Schneider, Esq., Cody Maryl Hall, Esq., Michael E. Hensley, Esq., Jeffrey R. Simmons, Esq., Phoenix, AZ, for Defendants.

ORDER

CARROLL, District Judge.

Before the Court is a Motion for Summary Judgment by Defendant ABF Freight System1 (ABF or Defendant) [Dk. 53]. Plaintiff responded [Dk. 62]. Defendant replied [Dk. 67].

Defendant, a common carrier, entered into a contract with Plaintiff to transport Plaintiff's household goods from Michigan to Arizona. In the same trailer with Plaintiff's...

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