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HOME INS. CO. v. CHICAGO AND NORTHWESTERN TRANSP. CO.

No. 94-3385.

56 F.3d 763 (1995)

The HOME INSURANCE COMPANY, as Subrogee of the Northeast Illinois Regional Railroad Corporation, d/b/a Metropolitan Rail-Metra, Plaintiff-Appellant, v. The CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 23, 1995.

Attorney(s) appearing for the Case

Gary Kostow, Henry R. Daar, Steven B. Fisher (argued), Kostow & Daar, Chicago, IL, for plaintiff-appellant.

George T. Brugess (argued), Richard A. Haydu, Chicago Northwestern Ry. Co. Law Dept., Chicago, IL, for defendant-appellee.

Before COFFEY and EASTERBROOK, Circuit Judges, and McDADE, District Judge.

COFFEY, Circuit Judge.

In 1990 four freight locomotive engines owned and operated by the Chicago and North Western Transportation Company (CNW) collided with and damaged two commuter passenger cars that CNW had leased from the Northeast Illinois Regional Commuter Railroad Corporation, doing business as Metropolitan Rail-Metra (Metra). Metra's insurer, Home Insurance Company (Home), brought this diversity action as subrogee...

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