Indiana Harbor Belt Railroad v. Pielet Bros. Scrap Iron & Metal, Inc.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Indiana Harbor Belt Railroad Co. (“Railroad”) has sued Pielet Brothers Scrap Iron & Metal, Inc. (“Pielet”) for certain storage and switching charges. Pielet has denied liability and counterclaimed for breach of contract and unjust enrichment.1

Each party has now moved for summary judgment under Fed.R.Civ.P. (“Rule”) 56 on Railroad’s claims, and Railroad has moved for summary judgment on Pielet’s Counterclaim. For the reasons stated in this memorandum opinion and order:

1. Pielet’s motion is granted as to Count I (storage charges).

2. Railroad’s…