Electric Mutual Liability Insurance Company, a Massachusetts Corporation v. Union Pacific Railroad, a Utah Corporation

70 F.3d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ELECTRIC MUTUAL LIABILITY INSURANCE COMPANY, a Massachusetts corporation, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD, a Utah Corporation, Defendant-Appellee. No. 94-35022. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1995. Decided Nov. 8, 1995. 1 Before: HUG and FERGUSON, Circuit Judges, and SCHWARZER, District Judge. * 2 MEMORANDUM ** 3 Electric Mutual Liability Insurance Company (Electric) brought this action to recover money it paid for damage to an electrical transformer that had been shipped by General Electric Company (GE), its insured, over the line of defendant Union Pacific Railroad (UP). On cross-motions for summary judgment, the court below entered judgment for UP. Electric now appeals. Jurisdiction below was founded on 49 U.S.C. Sec. 11707 (a)(1) (1988) (the Carmack Amendment) and 28 U.S.C. Sec. 1331 . We have jurisdiction under 28 U.S.C. Sec. 1291 . FACTS. 4 Pacific…