TOKIO MARINE & FIRE INS. GROUP v. J.J. PHOENIX EXPRESS, LTD.

No. 99 C 6439.

104 F.Supp.2d 946 (2000)

TOKIO MARINE & FIRE INSURANCE GROUP, as subrogee of Tanita Corp. of America, Plaintiff, v. J.J. PHOENIX EXPRESS, LTD., et al., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

July 6, 2000.


Attorney(s) appearing for the Case

Daniel Dawson, Robert Christie, Nisen & Elliott, Chicago, IL, for Plaintiff.

Frederick Sudekum, Ian Matyjewicz, Sudekum, Rosenberg & Cassidy, Chicago, IL, for Defendant.


MEMORANDUM OPINION AND ORDER

SHADUR, Senior District Judge.

Nissin International Transport USA, Inc. ("Nissin," incorrectly spelled in the pleading at issue as "Nissen") has moved to dismiss the Third Party Complaint ("TPC") of Airco International, Inc. ("Airco"), which is one of two defendants in this Carmack Amendment action brought by Tokio Marine and Fire Insurance Group, as subrogee of Tanita Corp. of America ("Tanita"). Airco has come back with...

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