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SOMPO JAPAN INS. CO. v. NORFOLK SOUTHERN RY. CO.

No. 07 Civ. 2735(DC).

540 F.Supp.2d 486 (2008)

SOMPO JAPAN INSURANCE COMPANY of America and Sompo Japan Insurance, Inc., Plaintiffs, v. NORFOLK SOUTHERN RAILWAY COMPANY et al., Defendants.

United States District Court, S.D. New York.

March 20, 2008.

Attorney(s) appearing for the Case

Maloof Brown & Eagan LLC by David T. Maloof, Esq., Thomas M. Eagan, Esq., Rye, NY, for Plaintiffs.

Keenan Cohen & Howard P.C., by Charles L. Howard, Esq., Jenkintown, PA, and Gutterman & Associates by Barry N. Gutterman, Esq., New York, NY, for Defendants.

OPINION

CHIN, District Judge.

In March 2006, four companies arranged to have their goods — including tractors, automotive components, ice makers, sushi cases, and copying machines — shipped from Asia to Long Beach, California by boat, and then transported across the United States by train to Georgia. The train, however, derailed in Texas on April 18, 2006, and the cargo aboard was damaged. Sompo Japan Insurance Company of America and...

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