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ROSE MARINE TRANSP., INC. v. KAISER ALUMINUM & CHEMICAL CORP.

No. 89 C 5321.

758 F.Supp. 1218 (1990)

ROSE MARINE TRANSPORTATION, INC., Plaintiff, v. KAISER ALUMINUM & CHEMICAL CORP., Calciner Industries, Inc. and ABB Trading (U.S.) Inc., Defendants. ABB TRADING (U.S.) INC., Counterplaintiff, v. ROSE MARINE TRANSPORTATION, INC., Counterdefendant.

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

September 10, 1990.

Attorney(s) appearing for the Case

Terrance L. Smith, Smith & DeBonis, Chicago, Ill., for plaintiff.

Roger J. McFadden, Thomas J. Dillon, McFadden & Dillon, Alan S. Gilbert, Lorie A. Chaiten, Sonnenschein, Nath & Rosenthal, F. Thomas Hecht, Steven A. Levy, Hopkins & Sutter, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Rose Marine Transportation, Inc. ("Rose Marine") filed this action seeking a declaratory judgment that it had the right to seize property (more than $7 million worth of calcinated coke) that was stored on barges Rose Marine had leased to Calciner Industries, Inc. ("Calciner"). Rose Marine's claimed right to seize the coke was by way of liquidated damages for injuries that Rose Marine had purportedly sustained...

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