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RYDER TRUCK LINES, INC. v. CONSOLIDATED RAIL CORP.

No. 83 C 4506.

580 F.Supp. 22 (1984)

RYDER TRUCK LINES, INC., Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Russ's Motor Service, Inc., General Trailer Sales Corp. and Agri-Share Cooperative, Inc., Defendants.

United States District Court, N.D. Illinois, E.D.

January 12, 1984.

Attorney(s) appearing for the Case

Steven C. Weiss, Ronald M. Hill, Abraham Diamond Ltd., Chicago, Ill., for plaintiff.

Gary W. Fresen, Baker & McKenzie, Chicago, Ill., for defendant, Consolidated Rail Corp.

Donald J. Moran, Pederson & Houpt, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff Ryder Truck Lines ("Ryder") sued Consolidated Rail Corp. ("Conrail"), Russ's Motor Service, Inc., General Trailer Sales Corp. and Agri-Share Cooperative, Inc., seeking indemnity. Jurisdiction is asserted pursuant to 28 U.S.C. § 1337. Presently before the Court is Conrail's motion to dismiss Counts I and II. We shall treat Conrail's motion as a motion for summary judgment.

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