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ILLINOIS CENT. R. CO. v. SOUTH TEC DEVELOPMENT

No. 02-2957.

337 F.3d 813 (2003)

ILLINOIS CENTRAL RAILROAD COMPANY, Plaintiff-Appellee, v. SOUTH TEC DEVELOPMENT WAREHOUSE, INC., Defendant-Third Party Plaintiff-Appellant, v. R.R. Donnelley & Sons Company, Third Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 23, 2003.

Rehearing and Rehearing Denied August 18, 2003.

Attorney(s) appearing for the Case

Myles L. Tobin (argued), Fletcher & Sippel, Chicago, IL, for Plaintiff-Appellee.

Joel H. Steiner (argued), Axelrod, Goodman, Steiner & Bazelon, Chicago, IL, John J. Conway (argued), Sullivan & Hincks, Oak Brook, IL, for Defendants-Appellees.

Before CUDAHY, MANION and ROVNER, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 18, 2003.

CUDAHY, Circuit Judge.

The Illinois Central Railroad Company (IC) sued South Tec Development Warehouse, Inc., seeking to recover demurrage charges assessed for rail shipments between September 1994 and December 1995. South Tec denied liability for the demurrage charges and joined R.R. Donnelley & Sons Company as a third party defendant, arguing that Donnelley and not South Tec should pay any charges...

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