CHICAGO SOUTHSHORE & S.B. R.R. v. ITEL RAIL

No. 45A05-9311-CV-412.

658 N.E.2d 624 (1995)

CHICAGO SOUTHSHORE & SOUTH BEND RAILROAD, A General Partnership, Appellant-Plaintiff-Counter-Defendant, v. ITEL RAIL CORPORATION, A Corporation, Appellee-Defendant-Counterclaimant.

Court of Appeals of Indiana.

December 7, 1995.


Attorney(s) appearing for the Case

Stanley C. Fickle, Alan K. Mills, Barnes & Thornburg, Indianapolis, for appellant.

Kenneth D. Reed, Abrahamson Reed & Adley, Hammond, Daniel L. Freeland, Komyatte & Freeland, Highland, David S. Curry, Mayer Brown & Platt, Chicago, Illinois, for appellee.


OPINION

SHARPNACK, Chief Judge.

Chicago SouthShore & South Bend Railroad ("CSSB") appeals from the trial court's grant of summary judgment in favor of the defendant-appellee, Itel Rail Corporation ("Itel") on both CSSB's complaint and Itel's counterclaim. Appellant raises three issues for review which we restate as follows:

1. whether the trial court erred in granting summary judgment in favor...

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