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MITSUI O.S.K. v. CONSOL. RAIL

743 A.2d 362 (2000)

327 N.J.Super. 343

MITSUI O.S.K. LINES, LTD. and MOL Intermodal, Inc., Plaintiffs-Appellants, v. CONSOLIDATED RAIL CORPORATION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 2000.

Attorney(s) appearing for the Case

Hill Rivkins & Hayden, for plaintiffs-appellants (Robert G. Clyne, Jersey City and James A. Saville, Jr., of counsel; Mr. Clyne, on the brief).

Ruprecht, Hart & Weeks, Millburn, for defendant-respondent (Michael R. Ricciardulli, of counsel and on the brief).

Before Judges BAIME, EICHEN and BILDER.

The opinion of the court was delivered by EICHEN, J.A.D.

Plaintiffs Mitsui O.S.K. Lines (Mitsui) and MOL Intermodal, Inc. (Intermodal) appeal from an order granting defendant Consolidated Rail Corporation's (Conrail) cross-motion for summary judgment dismissing their action for damages incurred following a derailment of a Conrail train, and denying their motion for summary judgment. The damages sought consist of the cost of hiring surveyors to inspect and survey the...

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