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BABCOCK & WILCOX CO. v. KANSAS CITY SOUTHERN RY.

No. 08-1080.

557 F.3d 134 (2009)

The BABCOCK & WILCOX COMPANY v. The KANSAS CITY SOUTHERN RAILWAY COMPANY; Norfolk Southern Railway Company, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: February 18, 2009.

Attorney(s) appearing for the Case

Rodney B. Griffith, Charles L. Howard, Paul D. Keenan (Argued), Chad D. Mountain, Keenan Cohen & Howard, Jenkintown, PA, for Appellants.

Andrew R. Brown (Argued), Hill Rivkins & Hayden, New York, NY, James A. Saville, Jr., Hill Rivkins & Hayden, South Amboy, NJ, for Appellee.

Before: BARRY and CHAGARES, Circuit Judges, and RESTANI, Judge.

OPINION OF THE COURT

RESTANI, Judge.

Plaintiff-appellee The Babcock & Wilcox Company ("B & W") commenced this action under the Carmack Amendment to the Interstate Commerce Act ("ICA"), 49 U.S.C. § 11706, against defendants-appellants Kansas City Southern Railway Company ("KCSR") and Norfolk Southern Railway Company ("NSR") (collectively "the Railroads") to recover damages to its boiler. The Railroads appeal from an order of the United States...

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