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TOKIO MARINE & FIRE INS. CO. v. AMATO MOTORS

May 15, 1991

Tokio Marine And Fire Insurance Co., Ltd., et al., Plaintiffs,
v.
Amato Motors, Inc., et al., Defendants


James B. Zagel, United States District Judge.


The opinion of the court was delivered by: ZAGEL

The plaintiffs move the Court to alter or amend its judgment issued on April 15, 1991. First, the Court will address the status of defendant Raven. The Carmack claim is dismissed as to Raven for the reasons given in the April 15 opinion regarding Amato and C & NW. The Court withdraws its finding that Raven is not a common carrier subject to ICC jurisdiction. Although the result might be the same in the long run, that finding is premature and cannot be made on the record before the Court. The negligence claim against Raven is dismissed as preempted and for failure to state a claim.

 In addition, as stated in open court, the dismissal of Count I is without prejudice, and plaintiffs are permitted to replead that count in a manner consistent with the April 15 order.

 In all other respects, the Court's order of April 15 remains unchanged.

19910515

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