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· 9/8/1977

Perini-North River Associates, a Corporation v. Chesapeake & Ohio Railway Company and Penn Central Transportation Company

Citations

  • 562 F.2d 269
  • 1977 U.S. App. LEXIS 11649

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying the notice requirement to claim against carrier over damaged merchandise but finding estoppel appropriate
  • applying the notice requirement to claim against carrier over damaged merchandise but finding estoppel appropriate
  • estoppel inquiries should focus on what the carrier did, rather than its actual knowledge that a claim was being filed
  • \Hopper . . . was considered a maverick decision . . . . Most courts criticized Hopper . . . and demoted it to the ranks of cases distinguishable on their facts.\
  • “Local rules of estoppel may not be applied so as to thwart the purposes of federal statutes. The converse is also true: the doctrine should be used when it enhances the statutory purpose.”
  • carrier estopped from invoking nine-month period where it told shipper that formal filing was unnecessary, and it deviated from its normal practice of sending such forms to the shipper when the loss occurred

Source: CourtListener parenthetical corpus (CC0).

Judges: Weis, Staley, Garth

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.