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AM. PREMIER UNDERWRITERS v. NAT. R.R. PASSENGER

No. 11-4054.

709 F.3d 584 (2013)

AMERICAN PREMIER UNDERWRITERS, INC.; American Financial Group, Inc., Plaintiffs-Appellants, v. NATIONAL RAILROAD PASSENGER CORPORATION, aka Amtrak, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 5, 2013.

Attorney(s) appearing for the Case

ARGUED: Michael L. Cioffi , Blank Rome LLP, Cincinnati, Ohio, for Appellants. Pierre H. Bergeron , Squire Sanders (US) LLP, Cincinnati, Ohio, for Appellee. ON BRIEF: Michael L. Cioffi , Thomas H. Stewart , Blank Rome LLP, Cincinnati, Ohio, for Appellants. Pierre H. Bergeron , Rachael A. Harris , Squire Sanders (US) LLP, Cincinnati, Ohio, for Appellee.

Before: COLE and KETHLEDGE, Circuit Judges; THAPAR, District Judge.

OPINION

COLE, Circuit Judge.

Plaintiffs-Appellants American Premier Underwriters, Inc. and American Financial Group, Inc. (collectively "APU") appeal the district court's dismissal of five of its claims against Defendant-Appellee National Railroad Passenger Corporation ("Amtrak"). For the following reasons, we reverse in part and affirm in part.

I.

Congress enacted the Rail Passenger Service Act of 1970 ("RPSA") to "avert the threatened...

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