UNION PACIFIC R. v. GREENTREE TRANSP. TRUCKING

No. 00-3326.

293 F.3d 120 (2002)

UNION PACIFIC RAILROAD COMPANY, v. GREENTREE TRANSPORTATION TRUCKING CO.; Dave Saunders Trucking, Greentree Transportation Trucking Company, Appellant.

United States Court of Appeals, Third Circuit.

May 16, 2002.


OPINION OF THE COURT

POLLAK, District Judge.

This case involves a shipment of cigarettes, a train derailment, and a stolen trailer. The issues before this court are whether the Carmack Amendment to the Interstate Commerce Act applies to the case at hand and, if so, whether the District Court properly entered summary judgment in favor of the plaintiff railroad.

I. Background

A large quantity of cigarettes was to be sent-first by train and...

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