United Parcel Service of America - Page 89




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               Amendment."  This Court, furthermore, adopted the                      
               Supreme Court's language in Adams Express Co.:                         
                         That the legislation supersedes all the                      
                    regulations and policies of a particular                          
                    state upon the same subject results from its                      
                    general character.  It embraces the subject                       
                    of the liability of the carrier under a bill                      
                    of lading which he must issue, and limits his                     
                    power to exempt himself by rule, regulation,                      
                    or contract.                                                      
                         To hold that the liability therein                           
                    declared may be increased or diminished by                        
                    local regulation or local views of public                         
                    policy will either make the provision less                        
                    than supreme, or indicate that Congress has                       
                    not shown a purpose to take possession of the                     
                    subject.  The first would be unthinkable, and                     
                    the latter would be to revert to the                              
                    uncertainties and diversities of rulings                          
                    which led to the amendment.  [Id. at 306-307                      
                    (citing Air Prods. & Chems. v. Illinois Cent.                     
                    Gulf R.R., 721 F.2d 483, 486 (5th Cir. 1983)                      
                    (quoting Adams Express Co. v. Croninger,                          
                    supra at 505-506)).]                                              
               Petitioner has successfully asserted that the Carmack                  
          Amendment preempted State law which might otherwise govern a                
          shipper's claim for damage to packages.  See Plaid Giraffe, Inc.            
          v. United Parcel Serv., Inc., No. 94-1002-PFK (D. Kan., Sept. 26,           
          1994); Art Masters Associates, Ltd. v. United Parcel Serv., supra           
          at 228-229.  Petitioner similarly defended itself in other                  
          actions by shippers for recovery of lost or damaged shipments.33            


               33In United Parcel Serv., Inc. v. Smith, 645 N.E.2d 1 (Ind.            
          Ct. App. 1994), petitioner appealed from an action in which Glenn           
          Smith, the shipper, filed suit against petitioner regarding an              
          allegedly lost shipment.  Mr. Smith sought to recover $995, the             
                                                             (continued...)           




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