NICTD v. CHICAGO SOUTHSHORE & SOUTH BEND R.R.

No. 46A05-0003-CV-103.

744 N.E.2d 490 (2001)

NORTHERN INDIANA COMMUTER TRANSPORTATION DISTRICT, Appellant-Plaintiff, v. CHICAGO SOUTHSHORE AND SOUTH BEND RAILROAD, Appellees-Defendants.

Court of Appeals of Indiana.

February 7, 2001.


Attorney(s) appearing for the Case

Michael C. Harris, Harris Welsh & Lukmann, Chesterton, IN, Attorney for Appellant.

Peter J. Rusthoven, Bart A. Karwath, Barnes & Thornburg, Indianapolis, IN, Attorneys for Appellees.


OPINION

BAILEY, Judge

Case Summary

Northern Indiana Commuter Transportation District ("NICTD") appeals the trial court's refusal to overturn an arbitration panel's ruling determining the extent of a maintenance-of-way fee ("MOW fee") payable by Chicago SouthShore and South Bend Railroad ("SouthShore") to NICTD pursuant to an agreement between the parties. We reverse.

Issue

The issue before us is whether the arbitration panel's...

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