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PROGRESSIVE RAIL INC. v. CSX TRANSPORTATION, INC.

No. 20-5378.

981 F.3d 529 (2020)

PROGRESSIVE RAIL INC., Plaintiff, Siemens Energy, Inc., Plaintiff-Appellant, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 2, 2020.

Attorney(s) appearing for the Case

ARGUED: Iliaura Hands , NIELSEN & TREAS, LLC, Metairie, Louisiana, for Appellant. Andrew J. Steif , ABEL BEAN LAW P.A., Jacksonville, Florida, for Appellee. ON BRIEF: Iliaura Hands , NIELSEN & TREAS, LLC, Metairie, Louisiana, Machale A. Miller , MILLER & WILLIAMSON, LLC, New Orleans, Louisiana, for Appellant. Andrew J. Steif , Kathleen Wubker , ABEL BEAN LAW P.A., Jacksonville, Florida, Rod D. Payne , BOEHL STOPHER & GRAVES LLP, Louisville, Kentucky, for Appellee.

Before: NORRIS, SUTTON, and KETHLEDGE, Circuit Judges.

OPINION

It took a ship and a train to transport two electrical transformers from Germany to Kentucky. The ocean leg was uneventful, and the transformers reached Maryland unscathed. But one of the transformers suffered damage during the inland rail leg to the Bluegrass...

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