Rohner Gehrig Company, Inc. v. Tri-State Motor Transit

WIENER, Circuit Judge:

Sitting en banc today, we reconsider issues addressed in the decision rendered by a divided panel of this court in Rohner *1081Gehrig Co. v. Tri-State Motor Transit.1 There, the panel majority reversed the district court’s grant of a summary judgment in favor of Rohner, the shipper of goods, and against Tri-State, the carrier of goods. In its summary judgment opinion the district court had recognized a principle not heretofore expressly adopted by this circuit: A carrier’s bill of lading (B.O.L.) that substantially (as distinguished from strictly) complies with the tariffs…