Legal Opinion

Schoenmann Produce Co. v. Burlington Northern & Santa Fe Railway Co.

District Court, S.D. Texas

Decided February 24, 2006No. CIV.A. H-05-1403PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

ROSENTHAL, District Judge.

Schoenmann Produce Company, Inc. and Farming Technology, Inc. (plaintiffs) are Texas companies that grow and ship potatoes. Plaintiffs contracted with defendant, Burlington Northern and Santa Fe Railway Company, to ship potatoes from various locations in the United States to plaintiffs’ Houston facilities. Plaintiffs sued Burlington in Texas state court in October 2004, alleging mishandled potato shipments (either excessively low or high temperatures inside the rail cars), asserting state-law causes of action for breach of contract, negligence,…

2Cases cited15 opinions

  1. New York, New Haven & Hartford Railroad v. NothnagleSupreme Court of the United States · 1953
  2. Pci Transportation, Inc. v. Fort Worth & Western Railroad CompanyCourt of Appeals for the Fifth Circuit · 2005
  3. Hoskins v. Bekins Van LinesCourt of Appeals for the Fifth Circuit · 2003
  4. Hughes Aircraft Company National Union Fire Insurance Company v. North American Van Lines, Inc., and Does 1-100, InclusiveCourt of Appeals for the Ninth Circuit · 1992
  5. Curtis P. BALDWIN, Plaintiff-Appellant, v. SEARS, ROEBUCK AND COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982

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3Cited by10 opinions

  1. Chartis Seguros Mexico, S.A. de C.V. v. HLI Rail & Rigging, LLCDistrict Court, S.D. New York · 2014
  2. Sompo Japan Insurance Co. of America v. Norfolk Southern Railway Co.District Court, S.D. New York · 2008
  3. Babcock & Wilcox Co. v. Kansas City Southern Railway Co.Court of Appeals for the Third Circuit · 2009
  4. Amerisure Mutual Insurance v. Carey Transportation, Inc.District Court, W.D. Michigan · 2008
  5. ABB, Inc. v. CSX Transportation, Inc.District Court, E.D. North Carolina · 2012

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