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BRUNSWICK LEASING CORP. v. WISCONSIN CENT., LTD.

Nos. 96-3614, 96-3731.

136 F.3d 521 (1998)

BRUNSWICK LEASING CORPORATION, a Pennsylvania corporation, Plaintiff-Appellee, Cross-Appellant, v. WISCONSIN CENTRAL, LIMITED, an Illinois corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 3, 1998.

Rehearing and Suggestion for Rehearing Denied March 9, 1998.

Attorney(s) appearing for the Case

Douglas J. Bank, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, Joel S. Siegel (argued), Horvath & Lieber, Chicago, IL, for Brunswick Leasing Corporation.

James A. Smith, Keck, Mahin & Cate, Chicago, IL, A. Benjamin Goldgar, Office of the Attorney General, Civil Appellate Division, Chicago, IL, David E. Schaper, Roadmaster Corp., Olney, IL, for ITSI Management Services Corporation.

James A. Smith, Keck, Mahin & Cate, Chicago, IL, A. Benjamin Goldgar, Office of the Attorney General, Civil Appellate Division, Chicago, IL, Cristofer E. Lord, Alan S. Farnell (argued), Chicago, IL, for Wisconsin Central Limited in No. 96-3731.

James A. Smith, Keck, Mahin & Cate, Chicago, IL, Cristofer E. Lord, Alan S. Farnell (argued), Chicago, IL, David E. Schaper, Roadmaster Corp., Olney, IL, for Wisconsin Central Limited in No. 96-3614.

Before WOOD, JR., MANION, and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 9, 1998.

MANION, Circuit Judge.

Brunswick Leasing Corporation, a Pennsylvania corporation with one shareholder, owned some 350 "piggyback" semitrailers. Brunswick, as well as 34 other trailer owners, retained ITSI Management Services to manage the trailers by leasing them to railroads for transporting freight. ITSI's primary customer was Wisconsin Central, who made lease payments to ITSI and ITSI...

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