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KAISHA v. BURLINGTON AND NORTHERN SANTA FE RAILWAY

No. CV 03-6523GAFRZX.

367 F.Supp.2d 1292 (2005)

NIPPON YUSEN KAISHA, Plaintiff, v. The BURLINGTON AND NORTHERN SANTA FE RAILWAY CO. et al., Defendants.

United States District Court, C.D. California.

April 8, 2005.

Attorney(s) appearing for the Case

Erich P. Wise, Nicholas S. Politis, Thomas C. Jorgensen, Flynn Delich & Wise, Long Beach, CA, for Plaintiff.

Leslie G. McMurray, Leslie G. McMurray Law Offices, Valley Village, CA, for Defendants.

MEMORANDUM AND ORDER REGARDING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

FEESS, District Judge.

I.

INTRODUCTION

Plaintiff Nippon Yusen Kaisha ("NYK") is an ocean carrier that ships cargo on marine vessels all over the world. NYK was hired by Matsushita, the parent company of Panasonic, to move various electronics from Japan to Texas. NYK subcontracted with Defendant Burlington & Northern Santa Fe Railway Co. ("BNSF") for...

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