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MARINE OFFICE OF AMERICA CORP. v. NYK LINES

No. 84 C 2207.

638 F.Supp. 393 (1985)

MARINE OFFICE OF AMERICA CORPORATION, as Subrogee of Gomiya (U.S.A.), Inc., Plaintiff, v. NYK LINES, et al., Defendants.

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

On Motion for Reconsideration November 19, 1985.

Attorney(s) appearing for the Case

Warren J. Marwedel, Dennis Minichello, Tribler & Marwedel, P.C., Chicago, Ill., for plaintiff.

Barry N. Gutterman, Burlington Northern Railroad Co., Naperville, Ill., for Burlington Northern RR, and Union Pacific RR.

Daniel K. Schlorf, for NYK Lines.

MEMORANDUM OPINION

GRADY, Chief Judge.

Plaintiff Marine Office of America brings this action as the insurer and subrogee of Gomiya (U.S.A.), Inc. ("Gomiya") to recover damages for a breach of contract which occurred when a cargo of machinery shipped by Gomiya was damaged in transit. Defendants in this case are NYK Line and its vessel, M/V HIEI MARU, the Union Pacific Railroad and the Burlington Northern Railroad. Both railroad companies have moved for summary...

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