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CHICAGO S. SHORE & S. BEND R. R. v. UNITED STATES

Civ. No. 3055.

221 F.Supp. 106 (1963)

CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendant.

United States District Court N. D. Indiana, South Bend Division.

September 5, 1963.

Attorney(s) appearing for the Case

Lawyer, Schroer & Eichhorn, Hammond, Ind., for plaintiff.

Lee Loevinger, Asst. Atty. Gen., Elliott H. Moyer, Atty., Dept. of Justice, Washington, D. C., Alfred W. Moellering, Ft. Wayne, Ind., for the United States.

Robert W. Ginnane, Gen. Counsel, Arthur J. Cerra, Asst. Gen. Counsel, for respondent I. C. C.

Before HASTINGS, Circuit Judge, and GRANT and ESCHBACH, District Judges.

ESCHBACH, District Judge.

This is an action to vacate, annul, and set aside an order issued by the Interstate Commerce Commission, dated January 24, 1962, authorizing the issuance of 10,000 shares of common capital stock by the Chicago South Shore and South Bend Railroad, in connection with an employee stock option plan, in so far as that order attaches as a condition of such issuance that the selling price of the stock subject to the option plan, should not be less...

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