CAPITOL CONVERTING EQUIPMENT v. LEP TRANSPORT

No. 88 C 6001.

750 F.Supp. 862 (1990)

CAPITOL CONVERTING EQUIPMENT, INC., Plaintiff, v. LEP TRANSPORT, INC., Defendant.

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

July 19, 1990.


Attorney(s) appearing for the Case

James T. Ryan, Louis P. Svendsen, Ryan, Moore & Nelson, Ltd., Arlington Heights, Ill., for plaintiff.

Benjamin Daidone, Daidone & Daidone, P.C., Niles, Ill., Kenneth E. North, Kathleen M. Smith, Kenneth E. North & Associates, Ltd., Glen Ellyn, Ill., for defendant.


MEMORANDUM AND ORDER

MORAN, Chief Judge.

In the wake of an alleged failure on the part of defendant Lep Transport ("Lep") to deliver a folder-gluer machine to Chicago, plaintiff Capitol Converting Equipment ("Capitol") brought this action, asserting originally a state law breach of contract claim. Memoranda submitted by the parties in the course of a motion for partial summary judgment raised the possibility that the Carmack Amendment applied to this dispute...

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