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UNION CARBIDE CORP. v. CONSOLIDATED R. CORP.

No. 79 C 4269.

517 F.Supp. 1094 (1981)

UNION CARBIDE CORPORATION, Plaintiff, v. CONSOLIDATED RAIL CORPORATION.

United States District Court, N. D. Illinois, E. D.

June 30, 1981.

Attorney(s) appearing for the Case

Belnap, McCarthy, Spencer, Sweeney & Harkaway, Chicago, Ill., Arsham & Keenan, White Plains, N. Y., for plaintiff.

J. Patrick Herald, Baker and McKenzie, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Union Carbide Corporation ("Union Carbide") sues Consolidated Rail Corporation ("Conrail") for its alleged breach of a bill of lading transportation contract. Conrail claims Union Carbide cannot recover because it failed to file a claim of damages against Conrail within the time period required by Section 2(b) of the bill of lading ("Section 2(b)"). Both parties have moved for summary judgment. For the...

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