CANON USA, INC. v. NORFOLK SOUTHERN RY. CO.

Civil Action No. 1:94-cv-2571-JOF.

936 F.Supp. 968 (1996)

CANON USA, INC., et al., Plaintiffs, v. NORFOLK SOUTHERN RAILWAY COMPANY, et al., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

February 15, 1996.


Attorney(s) appearing for the Case

Edwin D. Robb, Jr., Bouhan, Williams & Levy, Savannah, GA, for plaintiffs.

Richard Kennon Hines, V, Nelson, Mullins, Riley & Scarborough, Atlanta, GA, Hyman Hillenbrand, Kroll & Tract, Miami, FL, Earl W. Gunn, Johnathan Tyler Krawcheck, Long, Weinberg, Ansley & Wheeler, Atlanta, GA, Samuel P. Pierce, Jr., Atlanta, GA, for defendants.


ORDER

FORRESTER, District Judge.

This matter is before the court on the parties' cross motions for summary judgment and for oral argument. At issue is whether the limitation of liability provisions contained in the Carriage of Goods by Sea Act will apply to these Defendants or whether the Carmack Amendment to the Interstate Commerce Act will impose liability.

I. STATEMENT OF UNDISPUTED FACTS

In September of 1993, Canon, Inc. ("Canon...

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