Burlington Air Express, Inc. v. GA. PACIFIC CORPORATION

Pope, Chief Judge.

Plaintiffs Georgia Pacific Corporation (“GP”) and BTL Specialty Resins Corporation (“BTL”) are producers of formaldehyde. Silver is used as a catalyst in the production process and after use, the scrap silver may be refined and reused. In late 1989 and early 1990, plaintiffs contracted with defendant Burlington Air Express, Inc., a common air carrier, to transport five shipments of scrap silver to a refinery in Massachusetts. When these shipments were lost, defendant refused to pay plaintiffs the full declared value of the scrap silver, relying on provisions of its airbill…