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AEROGROUND, INC. v. CENTERPOINT PROPERTIES TRUST

No. 13-1956.

738 F.3d 810 (2013)

AEROGROUND, INC., d/b/a Menzies Aviation, Plaintiff-Appellant, v. CENTERPOINT PROPERTIES TRUST, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 23, 2013.

Attorney(s) appearing for the Case

William J. Dorsey , Attorney, Katten Muchin Rosenman LLP, Chicago, IL, for Plaintiff-Appellant.

David A. Eide , Attorney, Lawrence M. Karlin , Attorney, Karlin Eide, Chicago, IL, for Defendant-Appellee.

Before FLAUM, EASTERBROOK, and TINDER, Circuit Judges.

FLAUM, Circuit Judge.

In 2007, two companies—Menzies and CenterPoint—entered into a ten-year lease for a warehouse near O'Hare Airport. CenterPoint, the lessor, owns the warehouse; Menzies, the lessee, operates an air cargo handling business, which includes the use of 15,000- and 30,000-pound forklifts. It did not take long for these heavy forklifts to severely damage the concrete slab on which the machines...

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