As Senior Vice President, Finance, Mr. Kane, age 52, will serve as the Company's principal accounting officer, replacing Marc Jensen who has served in this capacity since May 15, 2007. Marc Jensen will continue to serve as the Company's Vice President, Corporate Controller.

Mr. Kane has served as Executive Vice President and Chief Operating Officer of the Company's Intermodal segment from October 2006 until this new assignment and as Vice President and Corporate Controller and principal accounting officer of the Company from November 2003 until October 2006. Mr. Kane served as Vice President and Controller of Pacer Stacktrain from May 1999 until November 2003 and prior to that as Director of Financial Reporting from May 1998 until May 1999. Prior to joining the Company, Mr. Kane was Vice President of Finance for the Shell Martinez Refining Company from November 1996 until May 1998 and Controller for Southern Pacific Transportation Company from April 1990 until November 1996.

In connection with his promotion, Mr. Kane's annual base salary has been increased to $300,000. His target bonus percentage under the Company's annual cash bonus plan remains at 40% of base salary. In addition, Mr. Kane was awarded 4,000 shares of restricted stock under the Company's 2006 Long-Term Incentive Plan, in addition to 10,000 restricted shares previously awarded. These additional restricted shares vest in 25% annual increments beginning June 1, 2009, subject to his employment with the Company on the vesting date.

Mr. Kane is a party to an employment agreement with the Company which continues in effect until terminated upon notice from the Company or Mr. Kane as provided in the agreement. The agreement sets a minimum base salary and the targeted bonus opportunity (as a percentage of annual base salary) under the Company's annual cash performance plan. If Mr. Kane's employment is terminated for any reason, he would be entitled to receive the unpaid portion of his base salary through the termination date, reimbursement for expenses incurred before the termination date, and unpaid amounts earned before the termination date under benefit programs in which he participated before the termination. In addition, if his employment is terminated by the Company without "cause," as defined in the agreement, he would be entitled to continued base salary for a period of twelve months following the termination and to a pro-rata bonus for the year in which the termination occurred. Under the agreement, in order to be entitled to severance payments, Mr. Kane has agreed not to disclose the Company's confidential business information and trade secrets; to grant and assign inventions to the Company; and during the twelve-month severance period, not to solicit the Company's customers, vendors, agents, contractors or employees to alter adversely their relationship with the Company. Mr. Kane's amended and restated employment agreement is filed as Exhibit 10.3 to the Company's Quarterly Report on Form 10-Q for the fiscal quarter ended September 17, 2004, which is hereby incorporated by reference.

       10.1        Summary of terms of employment arrangements with Mr. Avramovich.