Marohn v. Burnham Van Services, Inc.

MEMORANDUM

LEIGHTON, District Judge.

This is a suit by a man and his wife, both Illinois citizens, against a Georgia corporation, to recover the full value of household goods that were destroyed by fire while in transit in defendant’s van between Mississippi and Illinois. Jurisdiction is based on diversity of citizenship pursuant to 28 U.S.C. § 1332(a); the cause is before the court on defendant’s motion for summary judgment under Rule 56, Fed.R.Civ.P. The relevant facts drawn from the pleadings, exhibits, affidavit, and interrogatories are undisputed.

I

On December 13, 1977, the United States,…