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STATE OF ILLINOIS v. UNITED STATES

No. 56 C 681.

146 F.Supp. 195 (1956)

STATE OF ILLINOIS, Illinois Commerce Commission, and Milwaukee Road Commuters' Association, Plaintiffs, v. UNITED STATES of America, Interstate Commerce Commission, and Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Defendants.

United States District Court N. D. Illinois, E. D.

June 14, 1956.

Attorney(s) appearing for the Case

Latham Castle, Atty. Gen., State of Illinois, Harry R. Begley, Sp. Asst. Atty. Gen., Chicago, Ill., for State of Illinois and Illinois Commerce Commission.

Tenney, Sherman, Bentley & Guthrie, Chicago, Ill., for Milwaukee Road Commuters' Assn.

Stanley N. Barnes, Asst. Atty. Gen., James E. Kilday, Maurice A. Fitzgerald, Attys., Dept. of Justice, Washington, D. C., Robert Tieken, U. S. Atty., Chicago, Ill., for United States of America.

Robert W. Ginnane, Gen. Counsel, Leo H. Pou, Associate Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

W. J. Quinn, T. H. Maguire, Edwin R. Eckersall, R. K. Merrill, Chicago, Ill., for Chicago, M., St. P. & P. R. Co.

Before SCHNACKENBERG, Circuit Judge, and SULLIVAN and LA BUY, District Judges.

SCHNACKENBERG, Circuit Judge.

This is an action to set aside and enjoin the enforcement of an order1 of the Interstate Commerce Commission2 authorizing the Chicago, Milwaukee, St. Paul and Pacific Railroad Company3 to put into effect intrastate rates or fares for Chicago area suburban service higher than those authorized by the Illinois Commerce Commission.4

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