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WERNER ENTERPRISES, INC. v. WESTWIND MARITIME INTERNATIONAL, INC.

No. 07-15488.

554 F.3d 1319 (2009)

WERNER ENTERPRISES, INC., Plaintiff Counter Defendant, Third Party Plaintiff, Appellee, Ace Seguros SA, Consol. Plaintiff Appellant, v. WESTWIND MARITIME INTERNATIONAL, INC., Westwind International, Inc., Defendants Counter Defendants Third Party Defendants Appellees, Transpro Logistics, Inc., Defendant Counter Claimant Third Party Defendant Appellee.

United States Court of Appeals, Eleventh Circuit.

January 12, 2009.

Attorney(s) appearing for the Case

Dana K. Martin, Houston, TX, Michael Charles Black, Cassidy & Black, P.A., Miami, FL, Keith Bruce Dalen, Hill Rivkins & Hayden, LLP, New York, NY, for Appellant.

Jerry D. Haynes, Edward R. Nicklaus, Nicklaus & Associates, PA, Coral Gables, FL, David K. Monroe, Galland, Kharasch, Greenerg, Fellman & Swirsky PC, Washington, DC, Lawrence J. Roberts, Lawrence J. Roberts & Associates, P.A., Coral Gables, FL, for Appellee.

Before EDMONDSON, Chief Judge, ANDERSON, Circuit Judge, and COHILL, District Judge.

ANDERSON, Circuit Judge:

In this case, Ace Seguros, S.A. ("Ace") sued Werner Enterprises, Inc. ("Werner") to recover the full value of a shipment of lost cell phones under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706 ("Carmack Amendment"). The district court, in a summary judgment ruling in favor of Werner, sustained Werner's limitation of its liability. Ace appeals.

Communicaciones Nextel de Mexico, S.A. de C.V. ("Nextel")...

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