Legal Opinion

Delphax Systems, Inc. v. Mayflower Transit, Inc.

District Court, D. Massachusetts

Decided June 14, 1999No. Civ.A. 98-10093-NGPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

GERTNER, District Judge.

This case concerns a damaged computer printer, the damage to which is worth, according to plaintiff Delphax Systems, Inc. (“Delphax”), $29,670. Delphax is suing under the Carmack Amendment to the former Interstate Commerce Act, presently the ICC Termination Act of 1995, 49 U.S.C. § 14706. Defendant Mayflower Transit, Inc. (“Mayflower”) moves for summary judgment on the ground that Del-phax failed to file a timely claim in writing with Mayflower within nine (9) months of the date on which the shipment was delivered. According to Mayflower, this was a…

2Cases cited6 opinions

  1. Borschow Hospital & Medical Supplies, Inc. v. Cesar Castillo Inc.Court of Appeals for the First Circuit · 1996
  2. Hinchey v. Nynex Corp.Court of Appeals for the First Circuit · 1998
  3. Pathway Bellows, Inc. v. Robert W. Blanchette, Richard C. Bond and John H. McArthur Trustees of the Penn Central Transportation Co.Court of Appeals for the Second Circuit · 1980
  4. Intech, Inc. v. Consolidated Freightways, Inc.Court of Appeals for the First Circuit · 1987
  5. Nedlloyd Lines, B v. Corp. v. Harris Transport Co., Inc.Court of Appeals for the First Circuit · 1991

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3Cited by6 opinions

  1. Siemens Power Transmission & Distribution, Inc. v. Norfolk Southern Railway Co.Court of Appeals for the Eleventh Circuit · 2005
  2. McLaughlin Transportation Systems, Inc. v. RubinsteinDistrict Court, D. Massachusetts · 2005
  3. Cherkis v. Atlas Van Lines, Inc.District Court, D. Massachusetts · 1999
  4. Bowman v. Mayflower Transit, LLCDistrict Court, D. Massachusetts · 2012
  5. Siemens Power Transmission & Distribution, Inc. v. Norfolk Southern Railway Co.District Court, M.D. Florida · 2004

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