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BALTIMORE & OHIO CHICAGO R. CO. v. WISCONSIN CENTRAL

No. 97-3484.

154 F.3d 404 (1998)

BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY, Plaintiff-Appellee, v. WISCONSIN CENTRAL LIMITED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 1998.

Rehearing and Suggestion for Rehearing Denied October 21, 1998.

Attorney(s) appearing for the Case

Paul V. Esposito (argued), Douglas A. Lindsay, Lewis, Overbeck & Furman, Chicago, IL, Thomas M. Weithers, Central States Law Department, Des Plaines, IL, for Plaintiff-Appellee.

James A. Fletcher (argued), Oppenheimer, Wolff & Donnelly, Chicago, IL, Janet H. Gilbert, Wisconsin Central Limited, Rosemont, IL, for Defendant-Appellant.

Before POSNER, Chief Judge, and CUMMINGS and BAUER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 21, 1998.

POSNER, Chief Judge.

This procedurally complicated lawsuit between two railroads began five years ago when BOCT filed a complaint in federal district court under the Interstate Commerce Act demanding that WCL, to which BOCT had rendered terminal services, pay it switching charges and railroad-car rental fees pursuant to a tariff for such services that BOCT had filed with the Interstate...

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