I&M RAIL LINK, LLC v. NORTHSTAR NAV., INC.

No. 99-2128.

198 F.3d 1012 (2000)

I&M RAIL LINK, LLC, Plaintiff-Appellee, v. NORTHSTAR NAVIGATION, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 5, 2000.


Attorney(s) appearing for the Case

Weston W. Marsh (argued), Freeborn & Peters, Chicago, IL, for Plaintiff-Appellee.

James K. Mondl (argued), Tonkin & Mondl, St. Louis, MO, for Defendant-Appellant.

Before EASTERBROOK, ROVNER, and DIANE P. WOOD, Circuit Judges.


EASTERBROOK, Circuit Judge.

The railroad bridge across the upper Mississippi River near Sabula, Iowa, is more than a century old. (The bridge is just south of Savanna, Illinois, where Route 52 crosses the river.) Authorized by the Secretary of War in 1880, built in 1881, and substantially renovated between 1905 and 1908, the bridge has a deck too low for river traffic to pass. Transit is through a pin-connected swingspan, which, when river traffic approaches, rotates...

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