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TUBE CITY, INC. v. BOSTON & MAINE CORP.

No. CIV. 01-81-P-H.

170 F.Supp.2d 35 (2001)

TUBE CITY, INC., Plaintiff v. BOSTON & MAINE CORPORATION, et al., Defendants

United States District Court, D. Maine.

November 16, 2001.

Attorney(s) appearing for the Case

Deirdre M. Smith, Esq., Drummond, Woodsum & MacMahon, Portland, ME, W. Scott Fewell, Esq., Raizman & Frischman, P.C., Pittsburgh, PA, for Tube City Inc., plaintiffs.

Thad B. Zmistowski, Esq., Eaton, Peabody, Bradford & Veague, Bangor, ME, for Boston & Maine Corporation dba Guilford Rail System, Maine Central Railroad dba Guilford Rail System, Springfield Terminal Railway Company dba Guilford Rail System, defendants.

ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

HORNBY, Chief Judge.

This is a lawsuit under the Carmack Amendment. See 49 U.S.C. § 11706 (1994). The rail carrier unreasonably delayed the delivery of scrap iron, taking two months to deliver when two to three weeks were expected. As a result, the shipper was injured in the amount of $12,880. The reason for the resulting damage, however, was not that scrap iron spoils or loses its intrinsic value...

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