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BIG SHOULDERS CAPITAL v. SAN LUIS & RIO GRANDE

Nos. 19-3234, 19-3428, 19-3516, 20-1053 & 20-1503.

13 F.4th 560 (2021)

BIG SHOULDERS CAPITAL LLC, Plaintiff-Appellee, v. SAN LUIS & RIO GRANDE RAILROAD, INC. and Mt. Hood Rail-road Co., Defendants-Appellees. Appeals of: Sandton Rail Company LLC, San Luis Central Railroad Co., Ralco LLC, South Middle Creek Road Association, the Board of Commissioners, Rio Grande County, Railworks Track Services, Inc., and Railworks Signals, Communications, Inc., and The Ad Hoc Committee of the Unsecured Creditors and Cross-Appeal of: Novo Advisors and Fox Rothschild, LLP.

United States Court of Appeals, Seventh Circuit.

Decided September 3, 2021.

Attorney(s) appearing for the Case

Eric S. Prezant , Steve Gordon Trubac , Attorney, Brenton W. Vincent , Attorney, Bryan Cave Leighton Paisner LLP, Chicago, IL, David M. Unseth , Bryan Cave Leighton Paisner LLP, St. Louis, MO, for Plaintiff-Appellee.

Andrew M. Goldsmith , Pryor Cashman LLP, New York, NY, James S. O'Brien, Jr. , Attorney, Ronald S. Beacher , Attorney, Pryor Cashman LLP, New York, NY, Robert Radasevich , Attorney, Neal, Gerber & Eisenberg LLP, Chicago, IL, for Appellant.

Richard Michael Kates, I , Attorney, Law Office of Richard M. Kates, Chicago, IL, for Defendant-Appellee.

Matthew A. Jacober , Attorney, Lathrop GPM LLP, St. Louis, MO, Peter John Roberts , Attorney, Cozen O'Connor , Chicago, IL, for Party-in-Interest-Appellee.

Before Brennan, Scudder, and Kirsch, Circuit Judges.

This labyrinth of appeals stems from a breach of contract claim brought by Big Shoulders Capital LLC against San Luis & Rio Grande Railroad Inc. (SLRG) and Mt. Hood Railroad Co., with federal jurisdiction ostensibly based on diversity of citizenship. In its complaint, Big Shoulders requested that the district court appoint...

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