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SIEMENS POWER TRANSMISSION v. NORFOLK SOUTHERN RY.

No. 04-14410.

420 F.3d 1243 (2005)

SIEMENS POWER TRANSMISSION & DISTRIBUTION, INC., Plaintiff-Appellant, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 16, 2005.

Attorney(s) appearing for the Case

Machale Andrew Miller, Iliaura Hands, Miller & Williamson, LLC, New Orleans, LA, for Plaintiff-Appellant.

Jonathan F. Ball, Jeffrey D. Cohen, Paul D. Keenan, Janssen, Keenan & Ciardi, P.C., Philadelphia, PA, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, and BIRCH and COX, Circuit Judges.

BIRCH, Circuit Judge:

This appeal presents two issues of first impression in our circuit: (1) whether a shipper's timely compliance with the minimum claim filing requirements in 49 C.F.R. § 1005.2(b), a regulation promulgated by the Interstate Commerce Commission ("ICC"), is a prerequisite to filing suit against a carrier under the Carmack Amendment, 49 U.S.C. § 14706;1 and if so, (2) what standard should be applied to determine...

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