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BURLINGTON NO. R.R. CO. v. PAWNEE MTR. SERV., INC.

No. 87-1527.

171 Ill. App.3d 1043 (1988)

525 N.E.2d 910

BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff-Appellant, v. PAWNEE MOTOR SERVICE, INC., Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied July 27, 1988.

Attorney(s) appearing for the Case

John Newell, Kenneth J. Wysoglad, and Michael L. Sazdanoff, all of Kenneth J. Wysoglad & Associates, of Chicago, for appellant.

Jay S. Judge, Betty Gloss, and Elizabeth A. Brown, all of Judge & Knight, Ltd., of Park Ridge, for appellee.

Reversed and remanded.

PRESIDING JUSTICE CAMPBELL delivered the opinion of the court:

Plaintiff, Burlington Northern Railroad Co. (Burlington), appeals from an order dismissing its declaratory judgment action brought against defendant, Pawnee Motor Service, Inc. (Pawnee). Burlington sought a determination that pursuant to the indemnity provision contained in a Trailer Interchange Agreement (the Agreement)...

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