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P.I.: Other | Kentucky Western
Order
ORDER AND JUDGMENT by Senior Judge Charles R. Simpson, III on 9/11/26: Defendants' Motion for Summary Judgment (DN 128 ) is granted but only to the extent that it seeks a judgment on any claim by Kennelly Racing for relief pursuant to to the Carmack Amendment to the Interstate Commerce Act, 42 U.S.C. § 14706. Accordingly, to the extent that Kenneally Racing has pursued a claim for relief pursuant to 42 U.S.C. § 14706, the Carmack Amendment, that claim is hereby dismissed. cc: Counsel (DJT)
MEMORANDUM OPINION signed by Senior Judge Charles R. Simpson, III on 9/11/26: To the extent that Defendants have implied that the Court should make such a ruling either explicitly or implicitly, the Court declines to do so on the record presented to it at this juncture. Accordingly, the Court will grant Defendants Motion for Summary Judgment to the extent it seeks a judgment in their favor with respect to any Carmack Amendment claim that Kenneally Racing may purport to possess but it will not dismiss Kenneally Racing from this action. cc: Counsel (DJT)
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