Nos. 06-3942, 06-4032.

522 F.3d 776 (2008)

SOMPO JAPAN INSURANCE, INC., as subrogee of Hitachi Data Systems Corporation, Plaintiff-Appellee, Cross-Appellant, v. NIPPON CARGO AIRLINES COMPANY, LIMITED, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 11, 2008.

Attorney(s) appearing for the Case

Dennis Minichello, Stephanie Espinoza, Marwedel, Minichello & Reeb, Chicago, IL, David M. Salentine, Alameda, CA, for Plaintiff-Appellee, Cross-Appellant.

Christopher Carlsen, Clyde & Company, New York, NY, for Defendant-Appellant.

Before FLAUM, RIPPLE and WOOD, Circuit Judges.

RIPPLE, Circuit Judge.

Sompo Japan Insurance, Inc. ("Sompo"), as an insurer subrogated to the rights of Hitachi Data Systems Corporation ("HDS"), brought this action against Yusen Air and Sea Service Company ("Yusen"), Nippon Cargo Airlines ("NCA") and Pace Air Freight ("Pace"). It sought compensation for damage to computer equipment that the defendants transported from Japan to HDS's Indiana facility.1 Sompo settled its claims with Yusen...

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