American Premier Underwriters,, et al v. National Railroad Passenger Co

Filing

OPINION and JUDGMENT filed : The judgment as to American Financial Group's and American Premier Underwriters' (APU) claim that Amtrak's valuation of APU denied APU due process in violation of the Fifth Amendment's Due Process Clause is REVERSED and REMANDED to the district court. The judgment with regard to the remaining claims is AFFIRMED. Decision for publication. R. Guy Cole, Jr. (AUTHORING) and Raymond M. Kethledge, Circuit Judges; and Amul R. Thapar, U.S. District Judge for the Eastern District of Kentucky, sitting by designation.

Case: 11-4054

Document: 006111610946

Filed: 03/05/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

FILED

No. 11-4054
AMERICAN PREMIER UNDERWRITERS, INC;
AMERICAN FINANCIAL GROUP, INC.,
Plaintiffs - Appellants,

Mar 05, 2013
DEBORAH S. HUNT, Clerk

v.
NATIONAL RAILROAD PASSENGER
CORPORATION, aka Amtrak,
Defendant - Appellee.
Before: COLE and KETHLEDGE, Circuit Judges; THAPAR, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the judgment as to American
Financial Group’s and American Premier Underwriters’ (APU) claim that Amtrak’s valuation
of APU denied APU due process in violation of the Fifth Amendment’s Due Process Clause is
REVERSED and REMANDED to the district court for further proceedings consistent with the
opinion of this court. IT IS FURTHER ORDERED that judgment with regard to the remaining
claims is AFFIRMED.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk