(Download) "Burlington Air Express v. Georgia Pacific" by Court of Appeals of Georgia # Book PDF Kindle ePub Free
eBook details
- Title: Burlington Air Express v. Georgia Pacific
- Author : Court of Appeals of Georgia
- Release Date : January 27, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Plaintiffs Georgia Pacific Corporation (""GP"") and BTL Specialty Resins Corporation (""BTL"") are producers of formaldehyde. Silver is used as a catalyst in the production process and after use, the scrap silver may be refined and reused. In late 1989 and early 1990, plaintiffs contracted with defendant Burlington Air Express, Inc., a common air carrier, to transport five shipments of scrap silver to a refinery in Massachusetts. When these shipments were lost, defendant refused to pay plaintiffs the full declared value of the scrap silver, relying on provisions of its airbill and governing tariff which defendant said limited its liability. Plaintiffs then brought this action for compensatory damages, punitive damages and attorney fees, alleging breach of contract and conversion, and the parties filed cross-motions for partial summary judgment. The trial court denied defendant's motion and granted plaintiffs' motion for summary judgment with respect to defendant's liability for compensatory damages, and defendant appeals. 1. Defendant contends the trial court erred in applying the provisions of the Interstate Commerce Act, 49 USCA § 101 et seq., to a case involving the transport of cargo by air. Specifically, defendant contends that since the air transport industry has been deregulated, it is not governed by the Act. In Ragsdale v. Airborne Freight Corp., 173 Ga. App. 48 (1) (325 S.E.2d 428) (1984), however, this court recognized (a) that since deregulation, federal law continues to govern the enforceability of limitation provisions in airbills and (b) that although deregulation took air cargo carriers outside the jurisdiction of any regulatory commission or agency, the body of laws and principles expressed in the Act continues to be applicable to air carriers as federal common law. See also First Pennsylvania Bank, N. A. v. Eastern Airlines, 731 F.2d 1113 (3d Cir. 1984). Accordingly, the trial court did not err in looking to the Act to answer various questions raised in this case.
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