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


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.

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Case: 11-4054 Document: 006111610953 Filed: 03/05/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Deborah S. Hunt Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 Filed: March 05, 2013 Mr. Pierre H. Bergeron Squire Sanders 221 E. Fourth Street, Suite 2900 Cincinnati, OH 45202 John A. Burlingame Ms. Rachael Abelson Harris Squire, Sanders & Dempsey 1201 Pennsylvania Avenue N.W., Suite 500 Washington, DC 20044-0407 Mr. Michael L. Cioffi Honorable Nathaniel R. Jones Mr. Thomas Harold Stewart Blank Rome 201 E. Fifth Street Suite 1700 PNC Center Cincinnati, OH 45202 Re: Case No. 11-4054, Am. Premier Underwriters, et al v. Nat’l R.R. Passenger Corp. Originating Case No. : 1:08-cv-346 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Case: 11-4054 Document: 006111610953 Filed: 03/05/2013 Cathryn Lovely Deputy Clerk cc: John P. Hehman Enclosures Mandate to issue. Page: 2

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