Charley Hayashida Farms, Inc. v. Baker

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Plaintiffs appeal an order dismissing the Denver & Rio Grande Western Railroad Company (DRGW) as an additional defendant named in amended complaints. The causes were consolidated and, because they present a typical and recurring set of facts arising in the wake of Penn Central’s reorganization, the Union Pacific Railroad was granted leave to file an amicus curiae brief.

The pertinent facts in both Hayashida and Demase are closely parallel. Each plaintiff delivered perishable produce together with a through Bill of Lading to the…