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ABB, INC. v. CSX TRANSP., INC.

No. 5:08-CV-25-F.

862 F.Supp.2d 467 (2012)

ABB, INC., Plaintiff, v. CSX TRANSPORTATION, INC., Defendant.

United States District Court, E.D. North Carolina, Western Division.

March 22, 2012.

Attorney(s) appearing for the Case

Dauna L. Bartley , Ellis & Winters, LLP, Cary, NC, Jeffrey M. Young , Ellis & Winters, LLP, Raleigh, NC, for Plaintiff.

Thomas D. Garlitz , Thomas D. Garlitz, PLLC, Charlotte, NC, for Defendant.

ORDER

JAMES C. FOX, Senior District Judge.

Plaintiff, ABB, Inc. ("ABB"), filed this action against defendant, CSX Transportation, Inc. ("CSXT"), to recover monetary damages for alleged in-transit damage and loss to a large, expensive electrical transformer that CSXT shipped by rail in 2006, between ABB's manufacturing facility in St. Louis, Missouri, and ABB's customer's facility in Pennsylvania. ABB seeks to recover "the value of the actual loss...

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