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STATE v. UNITED STATES

No. 56 C 681.

168 F.Supp. 706 (1958)

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.

December 19, 1958.

Attorney(s) appearing for the Case

S. Ashley Guthrie, Francis D. Fisher, of Tenney, Sherman, Bentley & Guthrie, Chicago, Ill., for Mailwaukee Road Commuters' Association.

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

Edwin R. Eckersall, R. K. Merrill, Frank M. Long, Chicago, Ill., for Chicago, Milwaukee, St. Paul & Pacific R. Co.

J. Lee Rankin, Sol. Gen., Department of Justice, Washington, D. C., and Robert Tieken, U. S. Atty., Chicago, Ill., for the United States.

Robert W. Ginnane and Charlie W. Johns, Jr., Washington, D. C., for Interstate Commerce Commission.

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

SCHNACKENBERG, Circuit Judge.

On September 12, 1958, defendant Chicago, Milwaukee, St. Paul & Pacific Railroad Company, a corporation, hereinafter called the Milwaukee Road, filed its motion for distribution to itself, for its own general use, the total amount of excess fares now remaining unclaimed by, and unrefunded to, the persons from whom collected, now amounting (it is said) to the sum of $229,565.51; and Milwaukee...

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