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WISCONSIN CENT. LTD. v. TIENERGY, LLC

No. 17-2343.

894 F.3d 851 (2018)

WISCONSIN CENTRAL LIMITED, Plaintiff-Appellee, v. TIENERGY, LLC, Defendant/Third Party Plaintiff-Appellant, v. Allied Track Services, Inc., Third Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 3, 2018.

Attorney(s) appearing for the Case

John K. Fiorilla , Attorney, Capehart & Scatchard, P.A., Mt. Laurel; NJ, for Plaintiff-Appellee.

James K. Borcia , Attorney, Tressler LLP, Chicago, IL, for Defendant-Appellant.

Nicholas John DiCesare , Attorney, Barclay Damon, LLP, Buffalo, NY, for Defendant-Appellee.

Before Easterbrook and Barrett, Circuit Judges, and Stadtmueller, District Judge.

Demurrage is a charge that rail carriers are statutorily required to impose when rail cars are detained beyond the time the tariff allows for loading or unloading. It serves two functions: it secures the rail carrier compensation for the use of the car, and it serves the public's interest in making the cars available to transport...

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