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ICU INVESTIGATIONS, INC. v. SIMONIK MOVING & STORAGE, INC.

Docket No. A-0629-08T2

ICU INVESTIGATIONS, INC., Plaintiff-Appellant, v. SIMONIK MOVING & STORAGE, INC., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided: August 14, 2009.

Attorney(s) appearing for the Case

Donald M. Doherty, Jr., argued the cause for appellant (Friedman Doherty, LLC, attorneys; Wesley G. Hanna and Mr. Doherty, on the briefs).

Michael E. Holzapfel argued the cause for respondent (Becker Meisel, LLC, and Kearns, Vassallo & Kearns, attorneys; Samuel Reale, Jr., and Mr. Holzapfel, of counsel; Mr. Holzapfel, on the brief).

Before Judges Axelrad, Messano and Kestin.

PER CURIAM.

Plaintiff ICU Investigations, Inc. (ICU) appeals from the trial court's ruling that its state law claims for consumer fraud, common law fraud and breach of contract are preempted by the Interstate Commerce Commission Termination Act (ICCTA). We affirm in part and reverse in part.

On or about January 30, 2006, defendant Simonik Moving & Storage, Inc. (Simonik) provided ICU with a written "Estimated Costs of Services," which calculated an estimated...

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