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The article discusses the ruling of the U.S. Court of Appeals for the Second Circuit regarding the Mitsui Sumitomo Insurance Co. Ltd. v. Evergreen Marine Corp. court case. It presents a case wherein Mitsui Insurance Co., the plaintiff, sued Evergreen Marine Corp. and Union Pacific Railroad Co. for the loss of shipment of motors and other parts which were purchased by Asmo North Carolina Inc. It relays that the Second Circuit did not conform to the previous ruling of the U.S. District Court for the Southern District of New York which decided that the Carmack Amendment governed the rail shipment and granted summary judgment in favor of Mitsui.