Legal Opinion
Comark, Inc. v. United Parcel Service, Inc.
District Court, N.D. Illinois
Decided November 29, 1988No. 87 C 10332PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SHADUR, District Judge.
Comark, Inc. (“Comark”) has brought this diversity action against United Parcel Service, Inc. (“UPS”) based on three separate C.O.D. shipments in which (1) UPS accepted checks as payment in a form other than that requested by Comark and (2) Comark lost money due to the uncollectibility of those checks. Both Comark and UPS have moved for summary judgment under Fed.R.Civ.P. (“Rule”) 56. For the reasons stated in this memorandum opinion and order, UPS’ motion is granted and Co-mark’s is denied.
Facts 1
Comark is a regular customer of UPS, shipping…
2Cases cited15 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- DeValk Lincoln Mercury, Inc. v. Ford Motor Co.Court of Appeals for the Seventh Circuit · 1987
- Davis v. HendersonSupreme Court of the United States · 1924
- Aero Trucking, Inc. v. Regal Tube Company, and Third Party v. William Crum, Third PartyCourt of Appeals for the Third Circuit · 1979
- Max Munson v. American National Bank and Trust Company of Chicago, Max Munson v. American National Bank and Trust Company of ChicagoCourt of Appeals for the Seventh Circuit · 1973
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fed. Carr. Cas. P 84,019 McCall Engineering Company, Incorporated v. Federal Express CorporationCourt of Appeals for the Fourth Circuit · 1996
- Computel, Inc., a Florida Corp. v. Emery Air Freight Corp.Court of Appeals for the Eleventh Circuit · 1990
- IMPORTS, ETC., LTD., a Missouri Corporation, Appellee, v. ABF FREIGHT SYSTEM, INC., a Delaware Corporation, AppellantCourt of Appeals for the Eighth Circuit · 1999
- Smart Data, Inc. v. United Parcel Service, Inc.Appellate Court of Illinois · 1990
- United Parcel Service, Inc. v. World Time Corp. of AmericaDistrict Court of Appeal of Florida · 1990
5 more not listed; retrieve them via the Exa API.