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HYGRADE FOOD PROD. CORP. v. NEW YORK CENTRAL RAILROAD CO.

No. 63 C 1818.

266 F.Supp. 946 (1967)

HYGRADE FOOD PRODUCTS CORPORATION, Plaintiff, v. The NEW YORK CENTRAL RAILROAD COMPANY et al., Defendants.

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

April 18, 1967.

Attorney(s) appearing for the Case

Richard J. Murphy, Chicago, Ill., J. Edgar McDonald, New York City, and Albert B. Russ, Jr., Jacksonville, Fla., for railroad cross-plaintiffs and defendants.

Raymond M. Zimmet, Washington, D. C., Edward J. Hanrahan, Chicago, Ill. (Russell Chapin, Colin A. Smith and Robert W. Ginnane, Washington, D. C., on the brief), for Interstate Commerce Commission and United States, cross-defendants.

Harold E. Spencer, Chicago, Ill. (Daniel J. Sweeney, Chicago, Ill., on the brief), for Hygrade Food Products Corp., plaintiff and cross-defendant.

OPINION AND ORDER

AUSTIN, District Judge.

This is a civil action by the plaintiff, Hygrade Food Products Corporation (Hygrade), under Section 16(2) of the Interstate Commerce Act (the Act), 49 U. S.C. § 16(2), to enforce a reparation order of the Interstate Commerce Commission (the Commission). Based upon a decision by the Commission in Hygrade Food Products Corporation v. Atlantic Coast Line R., 318 I.C.C. 501 (1962), the order was entered on May 27...

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