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PACER GLOBAL LOGISTICS, INC. v. NATIONAL PASSENGER R.R. CORP.

No. 01-C-1131.

272 F.Supp.2d 784 (2003)

PACER GLOBAL LOGISTICS, INC., Plaintiff, v. NATIONAL PASSENGER RAILROAD CORP., Burlington Northern Santa Fe Railway Co. and James Dickey Inc. dba Jimco Construction, Defendants.

United States District Court, E.D. Wisconsin.

July 10, 2003.

Attorney(s) appearing for the Case

Angela Savino, Columbus, OH, Rebecca Leair, Donald O'Meara, Milwaukee, WI, for Plaintiff.

Bruce Ranta, Milwaukee, WI, Henry Daar, Chicago, IL, Thomas Hanrahan, Milwaukee, WI, R. Scott Ritter, Waukesha, WI, for Defendants.

DECISION AND ORDER

ADELMAN, District Judge.

I. PROCEDURAL AND FACTUAL BACKGROUND

Plaintiff Pacer Global Logistics, Inc. ("Pacer") contracted with defendant National Passenger Railroad Corp. ("Amtrak") to transport cargo from Appleton, Wisconsin to Ontario, California. While Amtrak was transporting the cargo through California, an earthquake occurred causing the rail car carrying the cargo...

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