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MITSUI SUMITOMO INS. CO., LTD. v. EVERGREEN MARINE CORP.

No. 07 Civ. 3874 (CM).

578 F.Supp.2d 575 (2008)

MITSUI SUMITOMO INSURANCE CO., LTD., Plaintiff, v. EVERGREEN MARINE CORPORATION; Union Pacific Railroad Company, Defendants.

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

September 22, 2008.

Attorney(s) appearing for the Case

David L. Mazaroli, New York, NY, for Plaintiff.

Barry N. Gutterman, New York, NY, for Defendants.

MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THEIR LIMITATION OF LIABILITY DEFENSE

McMAHON, District Judge:

Plaintiff Mitsui Sumitomo Insurance Co. Ltd. moves for an order pursuant to Rule 56 of the Federal Rules of Civil Procedure granting summary judgment on the issue of whether the so-called "Carmack Amendment" to the Interstate Commerce Act of 1887, 49 U.S...

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