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INDIANA HARBOR BELT R.R. CO. v. BUDD CO.

No. 79-1034.

87 Ill. App.3d 91 (1980)

408 N.E.2d 944

INDIANA HARBOR BELT RAILROAD COMPANY, Plaintiff-Appellant, v. THE BUDD COMPANY, Defendant-Appellee.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied September 2, 1980.

Attorney(s) appearing for the Case

Anna M. Kelly, of Chicago, for appellant.

Vedder, Price, Kaufman & Kammholz, of Chicago (Victor L. Lewis, Allan E. Lapidus, and Richard A. Kaminsky, of counsel), for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

Plaintiff appeals from a summary judgment entered in defendant's favor in an action to collect accrued demurrage charges, and the sole issue is the propriety of the judgment.

Defendant, a manufacturer of stampings for the automobile industry, has maintained a plant in Gary, Indiana, since 1950. The plant is adjacent to the tracks of plaintiff and the Pennsylvania...

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