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CALIFORNIA NORTHERN R. v. GUNDERSON RAIL SERVICES

No. 11 C 7170.

912 F.Supp.2d 662 (2012)

CALIFORNIA NORTHERN RAILROAD COMPANY, Plaintiff, v. GUNDERSON RAIL SERVICES, LLC, f/k/a Gunderson Rail Services, Inc., Defendant.

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

December 10, 2012.

Attorney(s) appearing for the Case

James A. Fletcher, Thomas Chrysostomos Paschalis, Fletcher & Sippel LLC, Chicago, IL, for Plaintiff.

John William Patton Jr., David F. Ryan, Patton & Ryan, LLC, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

GARY FEINERMAN, District Judge.

Plaintiff California Northern Railroad Company filed this diversity suit against Defendant Gunderson Rail Services, LLC, alleging that Gunderson breached its contractual duty to defend and indemnify California Northern in Walters v. The Belt Railway Co. of Chicago, No. 2006 L 7349 (Cir.Ct.Cook Cnty., Ill., filed July 13, 2006), a tort action brought against California Northern, Gunderson...

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