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CSX TRANSP., INC. v. APPALACHIAN RAILCAR SERVICES

No. 06-3430.

509 F.3d 384 (2007)

CSX TRANSPORTATION, INC., Plaintiff-Appellant, v. APPALACHIAN RAILCAR SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 5, 2007.

Attorney(s) appearing for the Case

Charles L. Howard (argued), Keenan Cohen & Howard, Philadelphia, PA, for Plaintiff-Appellant.

Bradley R. Sugarman (argued), Sommer Barnard, Indianapolis, IN, for Defendant-Appellee.

Before FLAUM, RIPPLE, and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

In April 2004, for reasons still unknown, thirteen railcars derailed in Evansville, Indiana. CSX Transportation determined that the railcars, which belonged to Appalachian Railcar Services ("ARS"), had derailed on CSX-owned track and, therefore, that CSX was liable for the damage. Some time after paying ARS for the damaged railcars, CSX concluded that the derailment had actually occurred on track that it did not own. Believing that its payment...

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