The International Nickel Co., Inc. v. Trammel Crow Distribution Corp.

REAVLEY, Circuit Judge:

This case involves the unexplained disappearance of a large amount of nickel from a warehouse. The International Nickel Company (INCO), owner of the nickel, obtained a summary judgment against the warehouse owner, Trammel Crow Distribution Corporation (Trammel Crow). However, Trammel Crow prevailed because the judgment gave effect to a limitation of liability clause in the warehouse contract, and INCO was awarded only a fraction of its actual damages. INCO seeks to avoid the limitation clause and recover its full actual damages. We reverse the summary judgment because…