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FULFILLMENT SERVICES v. UNITED PARCEL SERVICE

Nos. 06-15970, 07-15006.

528 F.3d 614 (2008)

FULFILLMENT SERVICES INC., Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INC. (UPS-Parent); United Parcel Service, Inc. (UPS-NY); and United Parcel Service, Inc. (UPS-OH), Defendants-Appellees. Fulfillment Services Inc., Plaintiff-Appellee, v. United Parcel Service, Inc. (UPS-Parent); United Parcel Service, Inc. (UPS-NY); and United Parcel Service, Inc. (UPS-OH), Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2008.

Attorney(s) appearing for the Case

Paul D. Cullen, Sr., The Cullen Law Firm, Washington, DC, for the plaintiff-appellant-cross-appellee.

Gregory B. Koltun, Morrison & Foerster LLP, Los Angeles, CA, for the defendants-appellees-cross-appellants.

Before: BARRY G. SILVERMAN, M. MARGARET McKEOWN, and RICHARD C. TALLMAN, Circuit Judges.

McKEOWN, Circuit Judge:

The Interstate Commerce Act ("ICA") was adopted to bring uniformity to shipping regulations previously governed by inconsistent state laws. George W. Wright, Slouching Toward a Morass: The Case For Preserving Complete Carmack Pre-emption, 1 DePaul Bus. & Com. L.J. 177 (2003). Historically, the Interstate Commerce Commission had responsibility for enforcing the ICA. Continuing the deregulation initiatives begun in the 1970s and early...

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