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CLEVELAND-CLIFFS IRON CO. v. CHICAGO & NORTH WESTERN TRANSPORTATION CO.,

No. M81-68 CA2.

553 F.Supp. 371 (1982)

The CLEVELAND-CLIFFS IRON COMPANY, Plaintiff, v. CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY, Defendant.

United States District Court, W.D. Michigan, N.D.

December 28, 1982.

Attorney(s) appearing for the Case

Crowell & Moring by Herbert J. Martin and Frederick W. Claybrook, Jr., Washington, D.C., Warner, Norcross & Judd by Joseph G. Scoville, Grand Rapids, Mich., for plaintiff.

Christopher A. Mills and John VanGessel, Chicago, Ill., for defendant.

OPINION RE: MOTION TO DISMISS AMENDED COMPLAINT

HILLMAN, District Judge.

Plaintiff shipper is an iron ore mining company. In 1969, it entered into longterm shipping contracts with defendant railroad. The agreement was to last at least until 1984, with provisions for termination or extension included in the original contract. The agreement is memorialized in two separate contracts, the "Empire Mine Agreement" executed on March 7, 1969, and the "Marquette...

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