OVERNITE TRANSP. CO. v. CHICAGO INDUS. TIRE CO.

No. 81-2102.

668 F.2d 274 (1981)

OVERNITE TRANSPORTATION COMPANY, Plaintiff-Appellant, v. CHICAGO INDUSTRIAL TIRE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 29, 1981.


Attorney(s) appearing for the Case

Paul E. Peldyak and Themis N. Anastos, Chicago, Ill., for plaintiff-appellant.

Jeffrey J. Keck, Bloom & Tese, Chicago, Ill., for defendant-appellee.

Before CUMMINGS, Chief Judge, and SPRECHER and POSNER, Circuit Judges.


SPRECHER, Circuit Judge.

This is an appeal from the dismissal of an action for lack of federal subject matter jurisdiction under 28 U.S.C. § 1337(a) (Supp.1981).

I

On April 16, 1979, Hubs and Wheels, Inc. of Saltville, Virginia (shipper), delivered a shipment of forty wheels to Overnite Transportation Co., a common carrier of goods by motor vehicle (carrier), consigned to Chicago Industrial Tire Co. of Chicago, Illinois (consignee). The bill...

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