Legal Opinion
Canon USA, Inc. v. Norfolk Southern Railway Co.
District Court, N.D. Georgia
Decided February 15, 1996No. Civil Action No. 1:94-cv-2571-JOFPublishedCited by 4 opinions
1Opinion of the Court
ORDER
FORRESTER, District Judge.
This matter is before the court on the parties’ cross motions for summary judgment and for oral argument. At issue is whether the limitation of liability provisions contained in the Carriage of Goods by Sea Act will apply to these Defendants or whether the Carmack Amendment to the Interstate Commerce Act will impose liability.
I. STATEMENT OF UNDISPUTED FACTS
In September of 1993, Canon, Inc. (“Canon”), arranged to have NYK Lines ship forty-four (44) photocopiers from Japan to its subsidiary, Plaintiff Canon USA, Inc. (“Canon USA”), in Atlanta, Georgia. Pursuant…
2Cases cited10 opinions
- Robert C. Herd & Co. v. Krawill MacHinery Corp.Supreme Court of the United States · 1959
- Reider v. ThompsonSupreme Court of the United States · 1950
- Gamma-10 Plastics, Inc., and Cross-Appellee v. American President Lines, Ltd. American President Companies, Ltd., AndCourt of Appeals for the Eighth Circuit · 1994
- Allied Chemical International Corp. v. Companhia De Navegacao Lloyd BrasileiroCourt of Appeals for the Second Circuit · 1985
- Capitol Converting Equipment, Incorporated v. Lep Transport, IncorporatedCourt of Appeals for the Seventh Circuit · 1992
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3Cited by4 opinions
- James N. Kirby, Pty Ltd. v. Norfolk Southern Railway Co.Court of Appeals for the Eleventh Circuit · 2002
- Nippon Fire & Marine Insurance v. Skyway Freight Systems, Inc.District Court, S.D. New York · 1999
- Russell Stover Candies, Inc. v. Double VV, Inc.District Court, D. Kansas · 1997
- James N. Kirby, Pty Ltd. v. Norfolk Southern Railway Co.Court of Appeals for the Eleventh Circuit · 2002