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CONSOLIDATED RAIL CORP. v. ALLIED CORP.

No. 88-3424.

882 F.2d 254 (1989)

CONSOLIDATED RAIL CORPORATION, Plaintiff-Appellant, v. ALLIED CORPORATION and General Electric Railcar Services Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 1989.

Attorney(s) appearing for the Case

Harold Abrahamson, Michael C. Adley, Abrahamson, Reed, Adley & Enslen, Hammond, Ind., for plaintiff-appellant.

Thomas H. Fegan, Raymond R. Cusack, Thomas J. Andrews, Johnson, Cusack & Bell, Chicago, Ill., for Allied Corp.

Frank J. Galvin, Joseph Stalmack, Joseph Wleklinski, Galvin, Stalmack, Kirschner & Clark, Hammond, Ind., for General Elec. Railcar Services Corp.

Before FLAUM and EASTERBROOK, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

FLAUM, Circuit Judge.

This case illustrates once again that in litigation, as in so many other areas of endeavor, the first move may spell the difference between success and failure. Plaintiff's first move was to bring its action in federal district court in Indiana. As a result, the district court was obliged to use Indiana substantive law to decide the legal issues in the case. The district court held that under Indiana...

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