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BYRTON DAIRY PRODUCTS, INC. v. HARBORSIDE REFRIGER. SERV., INC.

No. 96 C 1949.

991 F.Supp. 977 (1997)

BYRTON DAIRY PRODUCTS, INC., a Corporation, Plaintiff, v. HARBORSIDE REFRIGERATED SERVICES, INC., a Corporation, and Robbins Fleisig Forwarding, Inc., a Corporation, and Atchison Topeka and Santa Fe Railway Company, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

December 1, 1997.

Attorney(s) appearing for the Case

Stacey Lee Prange, Chapman & Cutler, Chicago, IL, Robert O. Case, Thomas P. Ward, Antonia Sexton Pritchard, McBride, Baker & Coles, Chicago, IL, for Bryton Dairy Products, Inc., a corporation, plaintiff.

Steven Brian Belgrade, John Andrew O'Donnell, George Mario Velcich, Belgrade & O'Donnell, Chicago, IL, Andrea Jean McIntyre, Howard & McIntyre, P.C., Chicago, IL, for Harborside Refrigerated Services, Inc., a corporation, defendant.

Patrick J. Keating, Robert C. Von Ohlen, Jr., Kaplan, Begy & von Ohlen, Chicago, IL, for Robbins Fleisig Forwarding, Inc., a corporation, defendant.

John C. Palmer, Jr., Chicago, IL, Orest B. Dachniwsky, Atchison, Topeka and Santa Fe, Railway Company, Law Dept., Schaumburg, IL, for Atchison Topeka and Santa Fe, Railway Company, third-party defendant.

MEMORANDUM OPINION AND ORDER

HART, Senior District Judge.

This case involves a dispute over who is responsible for two boxcars of dry milk becoming spoiled when shipped from Houston, Texas to Vermont. Each of four parties denies it was responsible for the spoilage while pointing the finger at one or more of the other parties. There does not seem to be any serious contention that the seller of the milk, plaintiff Byrton Dairy Products, Inc., is responsible...

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