ALLENTON VOLUNTEER FIRE DEPT. v. SOO LINE RAILROAD CO.

No. 72-C-290.

372 F.Supp. 422 (1974)

ALLENTON VOLUNTEER FIRE DEPARTMENT, a Wisconsin corporation, Plaintiff, v. SOO LINE RAILROAD COMPANY, a foreign corporation, Defendant.

United States District Court, E. D. Wisconsin.

January 31, 1974.


Attorney(s) appearing for the Case

Zafis, Rummel & Cahill by A. J. Zafis, Oconomowoc, Wis., for plaintiff.

Whyte, Hirschboeck, Minahan, Harding & Harland by Reginald W. Nelson, Milwaukee, Wis., for defendant.


DECISION and ORDER

MYRON L. GORDON, District Judge.

This action, which was begun in state court and subsequently removed here, seeks recovery of the plaintiff's alleged costs for extinguishing three fires involving the defendant's trains. Liability is asserted on theories of implied contract and quasi-contract. In lieu of trial, the parties have submitted the liability issue for final resolution on the basis of stipulated facts, exhibits and briefs.

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