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

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

891 F.Supp.2d 489 (2012)

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.

September 4, 2012.

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., Jenkintown, PA, 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, Inc. (together, "Sompo") and Nipponkoa Insurance Company Limited ("Nipponkoa") insured cargo carried on a train that derailed near Dallas, Texas, on April 18, 2006. Defendants Norfolk Southern Railway Company, Norfolk Southern Corporation, and Kansas City Southern Railway Company operated the derailed...

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