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TOKIO MARINE AND FIRE INS. v. AMATO MOTORS

Nos. 92-2264, 92-2265.

996 F.2d 874 (1993)

TOKIO MARINE AND FIRE INSURANCE COMPANY, LIMITED, as subrogee for Matsushita Electric Corporation of America, and Chiyoda Fire and Marine Insurance Company, Limited, as subrogee for Matsushita Electric Corporation of America, Plaintiffs-Appellants, Cross-Appellees, v. AMATO MOTORS, INCORPORATED, Raven Transport, Incorporated, also known as Raven Trailer Transport, and Chicago & Northwestern Transportation Company, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 11, 1993.

Rehearing and Rehearing Denied July 16, 1993.

Attorney(s) appearing for the Case

Dennis Minichello (argued), James D. Reinfranck, Keck, Mahin & Cate, Arthur W. Friedman, Miller, Shakman, Nathan & Hamilton, Chicago, IL, for Tokio Marine and Fire Ins. Co., Ltd. and Chiyoda Fire and Marine Ins. Co., Ltd.

Peter W. Schoonmaker, Mark E. Condon, Condon, Cook & Roche, Chicago, IL, for Amato Motors, Inc.

Donald C. Shine, Kristen E. Crisp, Nisen & Elliott, Chicago, IL, for Raven Transport, Inc.

George T. Brugess (argued), Richard A. Haydu, Robert T. Opal (argued), Chicago & Northwestern Transp. Co., Chicago, IL, for Chicago & Northwestern Transp. Co.

Gus Svolos (argued), Callahan, Fitzpatrick, Lakoma & McGlynn, Oak Brook, IL, Arthur W. Friedman, Miller, Shakman, Nathan & Hamilton, Chicago, IL, for American President Intermodal Co., Inc.

Before FLAUM and ROVNER, Circuit Judges, and LAY, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied July 16, 1993.

LAY, Senior Circuit Judge.

This is an interlocutory appeal certified to this court under 28 U.S.C. § 1292(b). The primary issue is the continued viability of applying the Carmack Amendment, 49 U.S.C. § 11707, to common carriers providing trailer on flatcar (TOFC) and container on flatcar (COFC) services.1 The district court held that deregulation under the Staggers...

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