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MULAY PLASTICS, INC. v. GRAND TRUNK WESTERN R. CO.

Nos. 86-1936, 86-2023.

822 F.2d 676 (1987)

MULAY PLASTICS, INC., Plaintiff-Appellant, v. GRAND TRUNK WESTERN RAILROAD COMPANY, Dobson Heavy Haul, Inc., and Prestolite Company, Defendants-Appellees. GRAND TRUNK WESTERN RAILROAD COMPANY, Cross-Appellant, v. MULAY PLASTICS, INC., Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 11, 1987.

Attorney(s) appearing for the Case

Francis X. Grossi, Jr., Katten, Muchin, Zavis, Pearl, Greenberger & Galler, Chicago, Ill., for plaintiff-appellant.

James A. Romanyak, Romanyak & Miller, Donald G. Peterson, Schaffenegger, Watson & Peterson, Richard G. French, French, Rogers, Kezelis & Kominiarek, P.C., Chicago, Ill., for defendants-appellees.

Before CUMMINGS and WOOD, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

Mulay's injection molding machine suffered damage from undetermined causes while being shipped. Mulay sued the shipper, the rigger, and the carrier under the common law; the Uniform Commercial Code, Ill.Rev.Stat., Ch. 26 § 2-509; and the Carmack Amendment, now 49 U.S.C. § 11707. The jury found for defendants. Mulay contended that the jury's verdict was not supported by the evidence...

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