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CHICAGO & E. ILL. R.R. v. MARTIN BROS. CONTAINER

No. 79-953.

87 Ill. App.3d 327 (1980)

408 N.E.2d 1031

CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY, Plaintiff and Counterdefendant-Appellee and Cross-Appellant, v. THE MARTIN BROTHERS CONTAINER & TIMBER PRODUCTS CORPORATION, Defendant and Counterplaintiff-Appellant and Cross-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed July 29, 1980.

Attorney(s) appearing for the Case

James L. Garthright, Jr., and James L. Garthright, III, both of Garthright & Garthright, of Memphis, Tennessee, and Leonard Nelson, of Price, Schoenberg, Fisher & Newman, Ltd., of Chicago, for appellant.

J.H. Durkin, of Chicago, for appellee.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE HARTMAN delivered the opinion of the court:

This action was brought upon accounts stated by the Chicago & Eastern Illinois Railroad (Railroad)1 against a manufacturer, Martin Brothers Container & Timber Products Corporation (Martin), for carrier services rendered in shipping Martin's products from its facilities near Karnak, Illinois. The accounts consisted...

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