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ABB INC. v. CSX TRANSP., INC.

No. 12-1674.

721 F.3d 135 (2013)

ABB INC., Plaintiff-Appellant, v. CSX TRANSPORTATION, INC., Defendant-Appellee. Transportation and Logistics Council, Inc., Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 7, 2013.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Mark Young , ABB Inc., Raleigh, North Carolina, for Appellant. Hyman Hillenbrand , Hillenbrand, O'Brien & Solomon, LLP, Fort Lauderdale, Florida, for Appellee. ON BRIEF: Dauna L. Bartley , Sessoms & Rogers, P.A., Durham, North Carolina, for Appellant. Thomas D. Garlitz , Thomas D. Garlitz, PLLC, Charlotte, North Carolina, for Appellee. Raymond A. Selvaggio , Pezold, Smith, Hirschmann & Selvaggio, LLC, Huntington, New York, for Amicus Supporting Appellant.

Vacated in part and remanded by published opinion. Judge KEENAN wrote the opinion, in which Judge FLOYD joined. Judge AGEE wrote a separate opinion concurring in part and dissenting in part.

BARBARA MILANO KEENAN, Circuit Judge:

In March 2006, rail carrier CSX Transportation, Inc. (CSX) transported an electrical transformer worth about $1.3 million from shipper ABB Inc.'s plant in St. Louis, Missouri to a customer in Pittsburgh, Pennsylvania (the March 2006 shipment). ABB Inc. (ABB) later filed a complaint in the district court alleging that the transformer was damaged in transit, and that CSX was liable for over $550,000, the full amount of the damage...

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