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TOLEDO PEORIA & WESTERN RY. v. METRO WASTE SYSTEMS

No. 94-3259.

59 F.3d 637 (1995)

TOLEDO PEORIA AND WESTERN RAILWAY and William H. McGee & Company, Inc., as subrogee of Toledo Peoria & Western Railway, Plaintiffs-Appellants, v. METRO WASTE SYSTEMS, INCORPORATED and Rick A. Wise, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 30, 1995.

Attorney(s) appearing for the Case

Robert J. Kopka (argued), Mark L. Dolin, Landau, Omahana & Kopka, Chicago, IL, for Toledo Peoria and Western Ry., William H. McGee & Co., Inc.

Scott R. Paulsen, John P. Fleming (argued), Quinn, Johnston, Henderson & Pretorius, Peoria, IL, for Metro Waste Systems, Inc., Rick A. Wise.

Before POSNER, Chief Judge, and MANION and KANNE, Circuit Judges.

MANION, Circuit Judge.

The plaintiff, Toledo Peoria & Western Railway (actually their insurance company as subrogee, but for simplicity's sake we shall refer to it as "Toledo"), brought this negligence action in diversity against Metro Waste Systems, Inc. In its complaint, Toledo sought to recover damages sustained by four of its locomotive engines which were derailed when they were struck by one of Metro's dump trucks which crossed the railroad tracks in disregard...

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