Zubaz, Inc. v. Federal Express Corp.
District Court, W.D. Tennessee
1Opinion of the Court
ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT, ESTABLISHING DEFENDANT’S LIABILITY AT $100.00, AND DISMISSING CASE
HORTON, District Judge.
This is a breach of contract action by Zubaz, Inc. (“Zubaz”), against the Federal Express Corporation (“Federal Express”). The plaintiff claims that Federal Express breached its contract with Zubaz by failing to collect a check for $8,436.00 following a C.O.D. delivery. Federal Express has filed a motion pursuant to Rule 56 of the Federal Rules of Civil Procedure on the grounds it believes its contractual liability is limited to $100.00.
The Facts
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2Cases cited9 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Fed. Sec. L. Rep. P 94,768 Phil A. Street and Clyde H. Street v. J.C. Bradford & CompanyCourt of Appeals for the Sixth Circuit · 1990
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Southern Pacific Transportation Co. v. Commercial Metals Co.Supreme Court of the United States · 1982
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3Cited by2 opinions
- Roberts Distributor, Inc. v. Federal Express Corp.District Court, S.D. Indiana · 1996
- Power Standards Lab, Inc. v. Federal Express Corp.California Court of Appeal · 2005