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BALTIMORE & OHIO CHICAGO TERM. v. SOO LINE R. CO.

No. 84 C 5342.

646 F.Supp. 327 (1986)

BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY, Plaintiff, v. SOO LINE RAILROAD COMPANY, Environmental Services, Inc., Fritz Enterprises, Inc., Bell Lumber & Pole Company, Neil F. Hartigan, Attorney General of the State of Illinois; Richard Carlson, Director of Environmental Protection Agency, and Illinois Environmental Protection Agency, Defendants.

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

September 5, 1986.

Attorney(s) appearing for the Case

James R. Gannon, Paul V. Esposito, Douglas A. Lindsay, Thomas E. Brabec, Lewis, Overbeck & Furman, Chicago, Ill., for plaintiff.

Marvin F. Metge, Brian J. Mulhern, Bruce C. Spitzer, Gorham, Metge, Bowman & Hourigan, Chicago, Ill., for defendant Soo Line R. Co.

Andrew D. Thomas, Gregory Prosen, Thomas & Prosen, Homewood, Ill., for defendant Fritz Enterprises, Inc.

Sheldon A. Zabel, Ann Rae Heitland, Schiff, Hardin & Waite, Chicago, Ill., Hugh V. Plunkett, David L. Hashmall, Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., Minneapolis, Minn., for defendant Bell Lumber & Pole Co.

MEMORANDUM OPINION AND ORDER

ROVNER, District Judge.

I. INTRODUCTION

This case involves an errant interstate rail shipment of waste material in twenty-one open-topped gondola cars. The plaintiff, the Baltimore and Ohio Chicago Terminal Railroad Company ("B & OCT"), has filed a multicount complaint to recover its expenses in handling eighteen of the cars while they were on its Chicago terminal property. B & OCT's expenses included building...

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