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CHICAGO & EASTERN ILLINOIS R. CO. v. ILLINOIS CENTRAL R. CO.

No. 66 C 1842.

261 F.Supp. 289 (1966)

CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY, a corporation, Plaintiff, v. ILLINOIS CENTRAL RAILROAD COMPANY, a corporation, Defendant.

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

Supplemental Opinion and Ruling on Motions December 16, 1966.

Attorney(s) appearing for the Case

Merrill Shepard, Ellis A. Ballard, W. McNeil Kennedy, Chicago, Ill., Pope, Ballard, Uriell, Shepard, Kennedy & Fowle, Chicago, Ill., of counsel, for plaintiff.

John Foster, W. J. O'Brien, Lawrence Lawless, Thomas F. McFarland, Jr., Chicago, Ill., Robert Mitten, Chicago, Ill., of counsel, for defendant.

OPINION AND ORDER

AUSTIN, District Judge.

This is a suit arising under Sections 1(18)1 and 1(20)2 of the Interstate Commerce Act, 49 U.S.C. §§ 1(18), 1(20). Both parties are interstate carriers by rail subject to the Act. Jurisdiction of the Court is founded upon 28 U.S.C. § 1337 as a proceeding arising under an Act of Congress regulating commerce, and venue is laid in this District...

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