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FEDERAL COM. & NAV. CO. v. CALUMET HARBOR TERMINALS

Nos. 75-1625, 75-1626.

542 F.2d 437 (1976)

FEDERAL COMMERCE & NAVIGATION CO., LTD., Plaintiff-Appellant, v. CALUMET HARBOR TERMINALS, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 30, 1976.

Attorney(s) appearing for the Case

Daniel K. Schlorf, Chicago, Ill., for plaintiff-appellant.

Thomas W. Conklin, John F. Horvath, Chicago, Ill., for defendant-appellee.

Before HASTINGS and SWYGERT, Circuit Judges, and EAST, District Judge.

EAST, District Judge.

In each of the above causes in admiralty (Fed.R.Civ.P. 9(h)) for indemnity, consolidated on appeal, the District Court granted the defendant-appellee (Calumet) summary judgments dismissing the causes as a matter of law. The plaintiff-appellant (Federal) appeals. We reverse and remand.

The District Court predicated its decision of dismissal upon a time bar and a limitation of liability provision in Calumet's Terminal Tariff No. 3. The...

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