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SOMPO JAPAN INS. CO. v. NORFOLK SOUTHERN RY. CO.

Nos. 07 Civ. 2735(DC), 07 Civ. 10498(DC).

966 F.Supp.2d 270 (2013)

SOMPO JAPAN INSURANCE COMPANY OF AMERICA and Sompo Japan Insurance, Inc., Plaintiffs, v. NORFOLK SOUTHERN RAILWAY COMPANY, Norfolk Southern Corporation and the Kansas City Southern Railway Company, Defendants. Nipponkoa Insurance Company Ltd., Plaintiff, v. Norfolk Southern Railway Company and the Kansas City Southern Railway Company, Defendants.

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

August 16, 2013.

Attorney(s) appearing for the Case

Maloof Browne & Eagan LLC, by: David T. Maloof, Esq., Thomas M. Eagan, Esq., Rye, NY, for Sompo Japan Insurance, Inc., Sompo Japan Insurance Company of America, and Nipponkoa Insurance Company, Limited.

Keenan Cohen & Howard P.C., by: Paul D. Keenan, Esq., Charles L. Howard, Esq., and Gutterman & Associates, by: Barry N. Gutterman, Esq., New York, NY, for Norfolk Southern Railway Company, Norfolk Southern Corporation, and the Kansas City Southern Railway Company.

OPINION

CHIN, Circuit Judge.

Plaintiffs Sompo Japan Insurance Company of America and Sompo Japan Insurance, Incorporated (together, "Sompo") and Nipponkoa Insurance Company Limited ("Nipponkoa") insured cargos that were being transported on a train that derailed in Texas in 2006. Defendants Norfolk Southern Railway Company ("NSR"), Norfolk Southern Corporation, and Kansas City Southern Railway Company operated the derailed train and the track on which...

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