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NEPTUNE ORIENT LINES v. BURLINGTON N. AND SANTA FE

No. 98-17387.

213 F.3d 1118 (2000)

NEPTUNE ORIENT LINES, LTD., Plaintiff-Appellee, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 24, 2000.

Attorney(s) appearing for the Case

Gordon D. McAuley, Hanson, Bridgett, Marcus, Vlahos & Rudy, San Francisco, California, for the defendant-appellant.

Eric Danoff, Kaye, Rose & Partners, San Francisco, California, for the plaintiff-appellee.

Before: GOODWIN, BRUNETTI, and THOMAS, Circuit Judges.

GOODWIN, Circuit Judge:

Neptune Orient Lines, Ltd. ("Neptune") brought a claim against The Burlington Northern and Santa Fe Railway Company ("Burlington") seeking indemnity and damages. Neptune sought to recover $182,892.08 which it paid to its subrogor, Nike, Inc. ("Nike") for the loss of a container load of shoes. Neptune moved for summary judgment claiming an amount equal to the market value of the shoes at the destination. Burlington opposed the motion arguing...

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