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ARMSTRONG v. NORTH ALABAMA MOVING AND STORAGE

Civil Action No. CV-07-S-2311-NE.

533 F.Supp.2d 1157 (2008)

James and Lillie ARMSTRONG, Plaintiffs, v. NORTH ALABAMA MOVING AND STORAGE, INC., Atlas Van Lines, Inc., and Transguard Insurance Company, Defendants.

United States District Court, N.D. Alabama, Northeastern Division.

January 8, 2008.

Attorney(s) appearing for the Case

Lloyd T. McMurtrie, Hess & McMurtrie PC, Huntsville, AL, for Plaintiffs.

Elizabeth R. Floyd, David B. Hall, Baker Donelson Bearman Caldwell & Berkowitz, Birmingham, AL, Frank McRight, Lanier Ford Shaver & Payne, Huntsville, AL, Kenneth M. Bryant, Miller & Martin PLLC, Nashville, TN, for Defendants.

ORDER

C. LYNWOOD SMITH, JR., District Judge.

This matter is before the court on a notice of removal filed by defendant Atlas Van Lines, Inc. ("Atlas") (doc. no. 1). Shortly after filing its notice of removal, Atlas moved to dismiss all claims asserted against it on the grounds of federal preemption.1 Atlas argues that all of the claims asserted against it should be dismissed as they are preempted by the Carmack Amendment to the...

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