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Beta Spawn, Inc. v. FFE Transportation Services, Inc.

Judgment in favor of plaintiff affirmed because supplier met its burden of proof that, when its mushroom spawn were delivered to defendant for transportation, they were in good condition and because defendant failed to prove that its tariff, prescribing a range of temperature, applied to the shipment; court properly considered extrinsic evidence of an agreement to maintain the trailer at 34 degrees where there was an ambiguity in the contract.

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Argued on March 8, 2001

OPINION OF THE COURT

FFE Transportation Services, Inc. (“FFE”) appeals from the judgment of the district court finding FFE liable to Beta Spawn, Inc. for the value of a shipment of mushr oom spawn damaged during transport. FFE contends that the district court erred in finding (1) that Beta Spawn established a prima facie case under the Car mack Amendment to the Interstate Commerce Act, 49 U.S.C. S 11706; (2) that FFE’s tariff was not applicable to the shipment at issue; and (3) that FFE had agreed to maintain the temperature of its trailer at 34 degrees Fahrenheit*fn2 when transporting the spawn. Because we hold that the district court ruled correctly on all thr ee issues, we affirm the judgment of the district court in favor of Beta Spawn on its claim for damages and against FFE on its counter claim to recover freight charges.

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