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CHICAGO & EASTERN ILLINOIS RAILROAD CO. v. UNITED STATES

No. 69 C 136.

308 F.Supp. 645 (1969)

CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and People of the State of Illinois, Illinois Commerce Commission, City of Chicago, City of Watseka, Village of Milford, City of Hoopeston, City of Danville, Danville Chamber of Commerce and United Transportation Union, Intervenor-Defendants.

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

December 5, 1969.

Attorney(s) appearing for the Case

Jenner & Block, Chicago, Ill., for plaintiff.

Barry Roberts, Washington, D. C., for I. C. C.

John H. D. Wigger, Dept. of Justice, Washington, D. C., and Thomas Foran, U. S. Atty., Chicago, Ill., for the United States.

William E. Nelson, Hoopeston, Ill., for City of Hoopeston.

Keith E. Roberts, Chicago, Ill., for City of Watseka and Village of Milford and United Transportation Union.

Milo J. Fleming, Watseka, Ill., for City of Watseka and Village of Milford.

Gordon P. MacDougall, Washington, D. C., for United Transp. Union.

Raymond F. Simon, Corp. Counsel, for City of Chicago.

Wendell W. Wright, Danville, Ill., for City of Danville.

William J. Scott, Atty. Gen., State of Illinois, for State of Illinois.

Thomas C. Stifler, III, Danville, Ill., for Danville Chamber of Commerce.

Before CUMMINGS, Circuit Judge, and MAROVITZ and AUSTIN, District Judges.

AUSTIN, District Judge:

Plaintiff seeks to have this Court set aside, annul, vacate and declare void an order of the Interstate Commerce Commission which denied its petition to discontinue operation of the Danville Flyer which provides passenger train service between Chicago and Danville, Illinois. Fin.Doc. 24726, 333 I.C.C. 626. The trains involved are Nos. 3 and 4 which have operated daily between the two cities, a distance...

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