United States Second Circuit

The district court erred in determining that, as a matter of law, potentially operative documents all measure defendant rail carrier's liability by plaintiff's cost of acquiring lost goods in the shipment's point of origin.

Appellate Information

• Decided 01/10/2003
• Published 01/10/2003

Judges

• SOTOMAYOR, Circuit Judge., Before:  CARDAMONE, MINER, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Steven P. Calkins,Kingsley, Kingsley & Calkins, Hicksville, NY, for the appellant.


• For Appellees:
  
• Ilene J. Feldman, on the brief, Barry N. Gutterman, of counsel, Barry N. Gutterman & Associates, New York, NY, for the appellees.