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SCHOENMANN PRODUCE CO. v. BURLINGTON NORTHERN

No. CIV.A. H-05-1403.

420 F.Supp.2d 757 (2006)

SCHOENMANN PRODUCE CO., et al., Plaintiffs, v. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Defendants.

United States District Court, S.D. Texas, Houston Division.

February 24, 2006.

Attorney(s) appearing for the Case

Christine Kirchner, Chamberlain Hrdicka et al, Houston, TX, Edna Michelle Bohreer, Bohreer and Zucker LLP, Houston, TX, Julia R. Calnek, Chamberlain, Hrdlicka et al, Houston, TX, for Schoenmann Produce Company, Inc., Farming Technology, Inc., Plaintiffs.

Michael Burke Hughes, McLeod Alexander Powel & Apffel, Galveston, TX, for The Burlington Northern and Santa Fe Railway Company formerly known as Burlington Northern Railroad also known as Burlington Northern Santa Fe Corporation also known as Burlington Northern Santa Fe Railway, Defendant.

MEMORANDUM AND ORDER

ROSENTHAL, District Judge.

Schoenmann Produce Company, Inc. and Farming Technology, Inc. (plaintiffs) are Texas companies that grow and ship potatoes. Plaintiffs contracted with defendant, Burlington Northern and Santa Fe Railway Company, to ship potatoes from various locations in the United States to plaintiffs' Houston facilities. Plaintiffs sued Burlington in Texas state court in October 2004, alleging mishandled potato shipments...

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