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188 LLC v. TRINITY INDUSTRIES, INC.

No. 01-3561.

300 F.3d 730 (2002)

188 LLC, Plaintiff-Appellant, v. TRINITY INDUSTRIES, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 2002.

Attorney(s) appearing for the Case

James H. Ryan, argued, Horwood, Marcus & Berk, Chicago, IL, for Plaintiff-Appellant.

William M. Gantz, argued, Piper Rudnick, Chicago, IL, for Defendant-Appellee.

Before BAUER, POSNER and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

188 LLC ("188"), which leases railroad tanker cars, appeals from decisions of the district court dismissing Count 1 of its second amended complaint under Federal Rule of Civil Procedure 12(b)(6) and denying 188 leave to amend its complaint to add a Count 2. 188's complaint alleged that Trinity Industries breached its contract to repair some of 188's tanker fleet. The district court held that 188's suit was barred by a limitation of remedies...

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