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C., R.I. & P.R.R. CO. v. COMMERCE COM'N

No. 32266.

414 Ill. 134 (1953)

111 N.E.2d 136

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY et al., Appellees, v. ILLINOIS COMMERCE COMMISSION ex rel. Illinois Central Railroad Company et al., Appellants.

Supreme Court of Illinois.

Rehearing denied March 24, 1953.

Attorney(s) appearing for the Case

IVAN A. ELLIOTT, Attorney General, of Springfield, (MILTON MALLIN, and WILBUR S. LEGG, of counsel,) for appellant Illinois Commerce Commission; ERLE J. ZOLL, JR., HOWARD D. KOONTZ, and JOHN W. FOSTER, all of Chicago, (J.H. WRIGHT, C.A. HELSELL, J.W. FREELS, and H.J. DEANY, of counsel,) for appellants Illinois Central Railroad Company et al.

W.F. PETER, BRUCE DWINELL, and KIRKLAND, FLEMING, GREEN, MARTIN & ELLIS, all of Chicago, (JOSEPH B. FLEMING, and JOHN L. BORDES, of counsel,) for appellees.

Judgment affirmed.

Mr. JUSTICE FULTON delivered the opinion of the court:

This is an appeal seeking review of an order of the circuit court of Cook County, entered on July 26, 1951, reversing a decision and order of the Illinois Commerce Commission of February 28, 1950, and later amended on March 28, 1950. The commission's order authorized the Illinois Central Railroad Company, hereinafter called appellant, and its subsidiary, the Kensington & Eastern...

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