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LTA GROUP, INC. v. J.B. HUNT TRANSPORT, INC.

No. 1:99-CV-656.

101 F.Supp.2d 93 (2000)

LTA GROUP, INC., Plaintiff, v. J.B. HUNT TRANSPORT, INC., Defendant. LTA Group, Inc., Plaintiff, v. Consolidated Rail Corporation, a/k/a Conrail, Defendant.

United States District Court, N.D. New York.

June 21, 2000.

Attorney(s) appearing for the Case

Bouck, Holloway, Kiernan & Casey, Albany, New York, for plaintiff, Brian D. Casey, of counsel.

McNamee, Lochner, Titus & Williams, P.C., Albany, New York, for defendant J.B. Hunt, G. Kimball Williams, of counsel.

Barry N. Gutterman & Associates, New York City, for defendant J.B. Hunt, Barry N. Gutterman, of counsel.

Debrot & Siris, LLP, Manhasset, New York, for defendant Consolidated Rail Corp., Michael J. Siris, of counsel.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff LTA Group, Inc. ("plaintiff") contracted for the shipment of goods which became damaged while being transported in interstate commerce. Plaintiff initially filed two separate actions which were formally consolidated into the instant lawsuit. Plaintiff filed the first action against defendant Consolidated Rail Corporation, a/k/a Conrail ("Conrail...

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