American Premier Underwriters, Inc. v. National Railroad Passenger Corp.

OPINION

COLE, Circuit Judge.

Plaintiffs-Appellants American Premier Underwriters, Inc. and American Financial Group, Inc. (collectively “APU”) appeal the district court’s dismissal of five of its claims against Defendant-Appellee National Railroad Passenger Corporation (“Amtrak”). For the following reasons, we reverse in part and affirm in part.

I

Congress enacted the Rail Passenger Service Act of 1970 (“RPSA”) to “avert the threatened extinction of passenger trains in the United States,” Lebron v. Nat’l R.R. Passenger Corp., 513 U.S. 374, 383, 115 S.Ct. 961, 130 L.Ed.2d 902 (1995), by creating a…