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WELLS FARGO EQUIPMENT FINANCE v. TITAN LEASING

No. 13-2291.

768 F.3d 741 (2014)

WELLS FARGO EQUIPMENT FINANCE, INC., Plaintiff-Appellant, v. TITAN LEASING, INC.; Titan Rail, Inc.; and Titan Transit, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 30, 2014.

Attorney(s) appearing for the Case

D. Alexander Darcy , Debra Devassy Babu , Attorney, Askounis & Darcy, P.C., Chicago, IL, for appellant.

James E. Coston , Attorney, Patricia E. Rademacher , Attorney, Coston & Coston, Chicago, IL, for appellee.

Before EASTERBROOK, SYKES, and TINDER, Circuit Judges.

EASTERBROOK, Circuit Judge.

Gerdau Ameristeel leased a railroad locomotive from Titan Rail for use in switching at its mill in Knoxville, Tennessee. Titan Rail shipped the locomotive in summer 2008, but it was damaged in transit and sent to Knoxville Locomotive Works for repair. It did not reach Gerdau's plant until summer 2009. Gerdau rejected it, stating that it needed further modifications and repairs.

In March 2009, while the locomotive was being repaired...

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