Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

CAN AM INDUS. v. FIRESTONE TIRE & RUBBER

March 26, 1986

CAN AM INDUSTRIES, INC., AN ILLINOIS CORPORATION, PLAINTIFF,
v.
THE FIRESTONE TIRE & RUBBER COMPANY, AN OHIO CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Mills, District Judge:

  OPINION ORDER

Easement.

Injunction.

This case involves Can Am's baseless refusal to allow Firestone to use an easement that ran across Can Am's land.

Can Am acquired a state TRO, which we obviated by our own TRO and permanent injunction.

Can Am argued that they were afraid that Firestone would dig up, remove, and subsequently scatter hazardous waste, thus causing injury to Can Am when the waste was scattered around.

We found earlier that Can Am's fears were absolutely without merit, as Firestone was refurbishing the site, not tearing it up, and that there was no merit to Can Am's arguments, as Can Am was "shaking down" Firestone for $25,000, which was the price Firestone would have had to pay to get access. Can Am several times violated its own state court TRO by denying any access whatsoever to the site, and violated our orders by refusing further access to the site.

Also, to exacerbate the situation, Can Am in its latest pleading attempts to bolster its argument that it feared removal of wastes by Firestone, by submitting an undated newspaper article purportedly published in August or early September which listed the site as dangerous and ripe for official action. Firestone supplied us with the same article, taken from the same newspaper, dated October 2, 1985, a month after the TRO's were entered and approximately 2 weeks after our permanent injunction.

I BACKGROUND

On September 10, 1985, Plaintiff Can Am obtained, in the Illinois Circuit Court of Adams County, a temporary restraining order prohibiting Firestone from using an easement it owned, that crossed Can Am's property. Firestone was going to use the easement order to reach a chemical dump site that Firestone owned and was going to repair.

On September 11, 1985, this Court granted Firestone's removal motion, based on diversity, and issued a TRO for Firestone, that superseded the state TRO, thus allowing Firestone access to its property. We granted a permanent injunction in favor of Firestone on September 18, 1985.

Now Firestone is moving for the damages it incurred in having to postpone preconstruction meetings on the site and construction itself, as well as all costs and fees incurred in securing their right to use their easement.

The law and facts side with Firestone, though they ask for a bit too much.

II ANALYSIS

Firestone seeks actual and punitive damages, based on Illinois common law; costs and damages allowed by Fed.R.Civ.P. 65(c) and 65.1, as a result of the damage suffered because of "improvidently issued" TRO in the state court; sanctions and damages under Fed.R.Civ.P. 11, 28 U.S.C. § 1927, and Ill.Rev.Stat., ch. 110, § 2-611, for Firestone having to defend "against Can Am's false and fraudulent allegations."

(a) Facts

The period of time that is covered is from August 22, 1985 (when Can Am notified Firestone of its intent to charge a $25,000 fee for use of its easement) until September 25, 1985, when Firestone was able to begin work on its site. The amount of money involved is:

1. Contractor's fee for false

starts                           =      $13,052.53

2. Witness fees associated

with court appearances           =        7,411.74
3. Attorney's fees                    =       36,667.07

The contractor's fees came about because planners, workers, and equipment arrived on the site to begin work, on several occasions, but were denied access to the site by Can Am, once on September 11, 1985, then two other false starts, but ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.