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CAPITOL CONVERTING EQUIPMENT v. LEP TRANSPORT

No. 91-2658.

965 F.2d 391 (1992)

CAPITOL CONVERTING EQUIPMENT, INCORPORATED, Plaintiff-Appellant, v. LEP TRANSPORT, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 5, 1992.

Attorney(s) appearing for the Case

Allen W. Oshinski, James T. Ryan (argued), Ryan & Nelson, Arlington Heights, Ill., for plaintiff-appellant.

Kathleen M. Smith, North & Associates, Glen Ellyn, Ill., Kenneth E. North (argued), Bollinger, Ruberry & Garvey, Chicago, Ill., Andrew David Kaplan, Andrew R. Spector, Hyman & Kaplan, Miami, Fla., for defendant-appellee.

Before RIPPLE and MANION, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

Capitol Converting Equipment, Inc. (Capitol) hired LEP Transport, Inc. (LEP) to arrange for the transportation of certain machinery from Genoa, Italy to Chicago, Illinois. Because the machinery never reached Chicago, Capitol sued LEP under the Carmack Amendment, 49 U.S.C. § 11707, and for breach of contract under Illinois law. The district court granted LEP's motion for summary judgment, holding that the Carmack Amendment is inapplicable...

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