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BURLINGTON NORTHERN R. v. HYUNDAI MERCHANT MARINE

No. 94-5550.

63 F.3d 1227 (1995)

BURLINGTON NORTHERN RAILROAD COMPANY, Appellee, v. HYUNDAI MERCHANT MARINE CO., LTD., Appellant.

United States Court of Appeals, Third Circuit.

Decided August 18, 1995.

Sur Petition for Panel Rehearing September 20, 1995.

Attorney(s) appearing for the Case

Bruce G. Paulsen (argued), S. Nina Gellert, Nourse & Bowles, New York City, for appellant.

Barry N. Gutterman (argued), William D. Bierman, Barry N. Gutterman & Associates, New York City, for appellee.

Before: BECKER, SCIRICA, and WOOD, Jr., Circuit Judges.

BECKER, Circuit Judge.

This appeal concerns the timeliness of a maritime indemnity claim under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 11707, though its ultimate disposition turns on the application of an "unmixed questions of law" exception to the doctrine of issue preclusion. The case arises from a shipment of furnace equipment by Tongil Co., Ltd. from Milwaukee, Wisconsin to Pusan, South Korea that arrived in damaged condition. The...

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